Notice2022-27077
Notice of Intent To Prepare an Environmental Impact Statement for the North Branch Park River Watershed Plan, North Dakota
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Published
December 14, 2022
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
The Natural Resources Conservation Service (NRCS) North Dakota State Office, announces its intent to prepare an EIS for the North Branch Park River Watershed located within Pembina, Walsh, and Cavalier Counties, North Dakota. NRCS will examine alternative solutions through the EIS process to provide flood damage reduction and watershed protection. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 239 (Wednesday, December 14, 2022)</title>
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[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76453-76456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27077]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2022-0016]
Notice of Intent To Prepare an Environmental Impact Statement for
the North Branch Park River Watershed Plan, North Dakota
AGENCY: Natural Resources Conservation Service, U.S. Department of
Agriculture.
ACTION: Notice of Intent (NOI) to Prepare an Environmental Impact
Statement (EIS).
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SUMMARY: The Natural Resources Conservation Service (NRCS) North Dakota
State Office, announces its intent
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to prepare an EIS for the North Branch Park River Watershed located
within Pembina, Walsh, and Cavalier Counties, North Dakota. NRCS will
examine alternative solutions through the EIS process to provide flood
damage reduction and watershed protection. 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 January 13, 2023.
Comments received after the 30-day comment period will be considered 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:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for docket ID NRCS-2022-0016. Follow the
online instructions for submitting comments; or
<bullet> Mail or Hand Delivery: LuAnn Kemp, Park River Joint Water
Resource District, National Resources Conservation Service, 308
Courthouse Drive #5, Cavalier, ND, 58220. In your comment, specify the
docket ID NRCS-2022-02016.
All comments received will be posted and made publicly available on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Christi Fisher; telephone: (701) 530-
2012;2091; email: <a href="/cdn-cgi/l/email-protection#d1b2b9a3b8a2a5b8ffb7b8a2b9b4a391a4a2b5b0ffb6bea7"><span class="__cf_email__" data-cfemail="95f6fde7fce6e1fcbbf3fce6fdf0e7d5e0e6f1f4bbf2fae3">[email protected]</span></a>. Persons with disabilities
who require alternative means of communication should contact USDA
Target Center at (202) 720-2600 (voice).
SUPPLEMENTARY INFORMATION:
Purpose and Need
The purposes of the proposed action are watershed protection and
flood damage reduction. Watershed protection goals consist of reducing
downstream nutrient loads, particularly phosphorus, and increasing
quantity and quality of critical fish and wildlife habitats. The
Watershed Project Plan is authorized under the authority of the
Watershed Protection (XE ``Watershed Protection) and Flood Prevention
Act of 1954 (Pub. L. 83-566) as amended and the Regional Conservation
Partnership Program Project (16 U.S.C. Chapter 58, Subchapter VIII).
This action is needed because the North Branch Park River Watershed
incurs $1,733,000 in average annual flood damage as a result of 4,485
acres of cropland inundation and damage to roads, buildings, and other
property. The 100-year flood inundates 136 structures, including the
community of Crystal, ND. The watershed annually contributes 36,412
pounds of phosphorus and 197,533 pounds of nitrogen to the Red River.
for which United States agreed to nutrient objectives at the
international border have not been achieved. Historic loss of wetland
and upland habitat within the Red River Basin also threatens multiple
species.
Preliminary Proposed Action and Alternatives
NRCS will provide technical and financial assistance for the
proposed project through the NRCS Watershed Protection and Flood
Prevention Program. The EIS is expected to evaluate 2 alternatives: one
action alternative or no action alternative. The alternatives we intend
to carry forward to final analysis are:
Alternative 1--No Action: No federal action would be taken in the
North Branch Park River Watershed and implementation of significant
flood damage reduction or watershed protection projects is not expected
to occur. The frequency and magnitude of flood damages in the watershed
would remain at the current level, with average crop losses of $876,300
annually due to flooding. Flood damage to a total of 136 structures,
including homes, schools, and businesses in the community of Crystal,
ND, will continue to generate average losses of $770,800 annually. Road
maintenance associated with overtopping during floods will continue to
generate average costs of $79,500 annually. The watershed will continue
to contribute 36,412 pounds of phosphorus and 197,533 pounds of
nitrogen to the Park River as well as the Red River and Lake Winnipeg.
Wetlands and wildlife habitat will remain unchanged, barring a
significant change in federal conservation programs.
Alternative 2--Cart Creek Site 1: The preliminary proposed
alternative under consideration at Cart Creek Site 1 is a multi-
purpose, off-channel, dry dam (XE ``Preferred Alternative'') with a
drainage area of 33.8 square miles, embankment length of 2.6 miles,
maximum height of 17.3 feet, and average height of 9.7 feet. The dam
would provide 2,593 acre-feet of temporary flood storage at the
auxiliary spillway crest elevation and inundate 466-acres for a
duration of less than a week during flood events. A diversion weir
would be constructed in Cart Creek and existing road ditches would be
enlarged to route flows above a 2-year flood flow to the dam from Cart
Creek. Surface water runoff and existing road ditches south of Cart
Creek and west of the dam would be re-routed into the dry dam site via
construction of new inlet structures and culverts designed to recreate
natural sheet flow conditions. (XE ``Flood Prevention'') Within the
temporary flood pool, 134 acres of shallow retention cells would be
constructed and managed via water control and biomass harvest for
removal of incoming nutrient loads. Water would be held in those cells
via closed control structures from spring through early fall, to allow
growing vegetation to uptake dissolved phosphorus. Water would be
drained through control structures and via a pumped subsurface drainage
system to allow vegetation to be cut, baled, and removed from the site
prior to the first frost in 2 out of each 3 years. The alternative
would also result in restoration of 284 acres of wetlands, enhancement
of 16 acres of existing wetlands, and enhancement of 52 acres of
uplands which would be managed for high quality wildlife habitat via
grazing as needed.
The two alternatives described above will be evaluated against each
other in the EIS.
Summary of Expected Impacts
An NRCS evaluation of this federally assisted action indicates that
the proposed alternative may have a significant local, regional,
national, or international impact on the environment. Hydrologic
impacts include peak flow reductions of 64 percent and 66 percent of
the 10- and 100-year recurrence interval flood events immediately
downstream of the retention site, and 20 percent and 28 percent of the
10- and 100-year recurrence interval flood events at the downstream
community of Crystal, ND. Immediately downstream of the retention site,
average annual loads of total phosphorus, total nitrogen, and total
suspended solids are reduced by 60 percent, 66 percent, and 38 percent
respectively. The proposed alternative would result in a total loss of
5.7 acres of wetlands through fill placement and excavation, which will
be mitigated for via onsite wetland restoration. The project generates
a net restoration of 284 acres of wetlands (total of 289.7 acres) and
enhances 16 acres of existing wetlands as a result of restored
hydrology and vegetative communities, enhancement of 18 acres of
existing wetlands that are currently cropped, and enhancement of 52
acres upland wildlife habitat for the benefit of migratory birds and
other wildlife species. Short term negative impacts during construction
are anticipated to be local only, and may occur in relation to soils,
vegetation, noise, and traffic.
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Anticipated Permits and Authorizations
The following permits and other authorizations are anticipated to
be required:
<bullet> CWA Section 404 permit. Implementation of the proposed
federal action would require a Clean Water Act (CWA) Section 404 permit
from the U.S. Army Corps of Engineers, which is a cooperating federal
agency on the planning effort. Consultation is ongoing and no
significant challenges are anticipated given the overall environmental
benefits of the project.
<bullet> CWA Section 401 permit. The project would also require
water quality certification under Section 401 of the CWA and permitting
under Section 402 of the CWA (National Pollutant Discharge Elimination
Permit), both of which would be issued by the ND Department of
Environmental Quality, a cooperating state agency on the planning
effort. Consultation is ongoing and no significant challenges are
anticipated given the overall environmental benefits of the project and
the fact this is an off-channel retention structure.
<bullet> Permit to Construct or Modify a Dam. The project will
require authorization from the North Dakota Department of Water
Resources (ND DWR) for construction of a dam. ND DWR is a cooperating
state agency on the plan and is assisting in funding for the project.
<bullet> Water Appropriation Permit. The project may require a
conditional water use permit from ND DWR for construction of a dam. ND
DWR is a cooperating state agency on the plan and is assisting in
funding for the project.
<bullet> Floodplain Permit. The project will require a floodplain
development permit from Pembina County. Pembina County is a cooperating
local agency on the project.
<bullet> NHPA Section 106 Consultation. Consultation with Tribal
Nations and interested parties is being conducted as required by the
National Historic Preservation Act of 1966.
Schedule of Decision-Making Process
A draft (DEIS) will be prepared and circulated for review and
comment by agencies and the public for at least 45 days per 40 CFR
1503.1, 1502.2, 1506.11, 1502.17, and 7 CFR 650.13. The DEIS is
anticipated to be published in the Federal Register approximately 6
months after publication of this NOI. A final EIS is anticipated to be
published within 6 months of completion of the public comment period
for the DEIS. NRCS will then decide whether to implement one of the
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 for the NRCS is Mary
Podoll, North Dakota State Conservationist.
Public Scoping Process
Public scoping meetings will be held at the Cart Creek Site 1
Project to further develop the scope of the DEIS. A preliminary scoping
meeting was held on February 17, 2016, in Mountain, ND. An additional
scoping meeting will be held after the NOI is published. Comments
received for both meetings, including names and addresses of those who
comment, will be part of the public record. The date, time, and
location for the second meeting will be provided on the ND NRCS
website, the Pembina Water Resource District website, and published in
the Cavalier Chronicle.
NRCS will coordinate the scoping process as provided in 36 CFR
800.2(d)(3) and 800.8 (54 U.S.C. 306108) to help fulfill the National
Historic Preservation Act (NHPA), as amended, review process.
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, tribes, and individuals who have special
expertise, legal jurisdiction, or interest in the Cart Creek Site 1
Project to provide comments concerning the scope of the analysis and
identification of potential alternatives, information, and analyses
relevant to the Proposed Action.
Authorities
This document is published in line with the National Environmental
Policy Act (NEPA) regulations regarding publication of a notice of
intent to issue an environmental impact statement (40 CFR 1501.9(d)).
The EIS will be prepared to evaluate potential environmental impacts 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. Watershed planning is authorized under the Watershed Protection
and Flood Prevention Act of 1954, as amended, (Pub. L. 83-566) and the
Flood Control Act of 1944 (Pub. L. 78-534).
Federal Assistance Program
The titles and numbers of the Federal Domestic Assistance Programs
found in the Catalog of Federal Domestic Assistance to which Notice of
Funding Availability applies is 10.904 Watershed Protection and Flood
Prevention.
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 program 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.
Persons with disabilities 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) or
dial 711 for Telecommunications Relay Service (both voice and text
telephone users can initiate this call from any telephone).
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 <a href="https://www.usda.gov/oascr/how-to-file-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-program-discrimination-complaint</a> 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 mail: U.S. Department of
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Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue SW, Washington, DC 20250-9410 or email:
<a href="/cdn-cgi/l/email-protection#e6a9a7a5a693958287c8818990"><span class="__cf_email__" data-cfemail="cb848a888bbeb8afaae5aca4bd">[email protected]</span></a>. USDA is an equal opportunity provider, employer, and
lender.
Mary Podoll,
North Dakota State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2022-27077 Filed 12-13-22; 8:45 am]
BILLING CODE 3410-16-P
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