Notice2023-15212
Notice of Intent To Prepare an Environmental Impact Statement for the Joint System Canal Project, Jackson County, OR
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Published
July 19, 2023
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
The Natural Resources Conservation Service (NRCS) Oregon State Office announces its intent to prepare a Watershed Plan and EIS for the Joint System Canal Project, located approximately 4 miles east of Eagle Point, in Jackson County, Oregon. The proposed Watershed Plan will examine alternatives through the EIS process for modernizing the Joint System Canal to improve agricultural water management. Medford Irrigation District (MID) is the sponsoring local organization for the project and Rogue River Valley Irrigation District (RRVID) is a partner organization. NRCS is requesting comments to identify significant issues, potential alternatives, 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 88 Issue 137 (Wednesday, July 19, 2023)</title>
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[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46136-46138]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15212]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2023-0012]
Notice of Intent To Prepare an Environmental Impact Statement for
the Joint System Canal Project, Jackson County, OR
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) Oregon State
Office announces its intent to prepare a Watershed Plan and EIS for the
Joint System Canal Project, located approximately 4 miles east of Eagle
Point, in Jackson County, Oregon. The proposed Watershed Plan will
examine alternatives through the EIS process for modernizing the Joint
System Canal to improve agricultural water management. Medford
Irrigation District (MID) is the sponsoring local organization for the
project and Rogue River Valley Irrigation District (RRVID) is a partner
organization. NRCS is requesting comments to identify significant
issues, potential alternatives, 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 September 5, 2023.
Comments received after close of the 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="http://www.regulations.gov">http://www.regulations.gov</a> and search for docket ID NRCS-2023-0012. Follow the
online instructions for submitting comments; or
<bullet> Mail or Hand Delivery: Jack Friend, District Manager,
Medford Irrigation District, 5045 Jacksonville Hwy., Central Point, OR
97502. For written comments, specify the docket ID NRCS-2023-0012.
All comments received will be posted without change and made
publicly available on <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Gary Diridoni, telephone: (503) 414-
3092; email: <a href="/cdn-cgi/l/email-protection#97d0f6e5eeb9d3fee5fef3f8f9fed7c2c4d3d6b9f0f8e1"><span class="__cf_email__" data-cfemail="793e180b00573d100b101d161710392c2a3d38571e160f">[email protected]</span></a> for questions related to submitting
comments; or visit the project website at: <a href="https://oregonwatershedplans.org/medford-id">https://oregonwatershedplans.org/medford-id</a>. 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 of the proposed watershed project is to improve
agricultural water management by modernizing the Joint System Canal in
Jackson County, Oregon. 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 proposed project is needed due to existing system water losses,
inefficient water delivery, and the risk of infrastructure failure. The
Joint System Canal's age and deteriorating condition have reduced the
water delivery reliability for agricultural, residential, industrial,
and recreational uses. Catastrophic failure of the canal would flood
adjacent properties and require water deliveries to be stopped while
the canal was fixed, which could have large impacts to crops and users
that rely on that water.
MID and RRVID jointly own, operate, and maintain the Joint System
Canal. The two irrigation districts collectively divert water from
North Fork Little Butte Creek and South Fork Little Butte Creek into
the North Fork Canal and the South Fork Canal, respectively. The North
Fork and South Fork canals merge to form the 13-mile Joint System
Canal, which conveys water to the Bradshaw Drop pipeline. At the
Bradshaw Drop, the canal splits into MID's and RRVID's systems. Since
the Joint System Canal is at the head of MID's and RRIVD's systems, the
districts have identified eliminating this failure risk as critical to
maintaining agricultural water supplies.
The proposed project would modernize the Joint System Canal and
associated siphons from the junction of the North Fork Canal and South
Fork Canal to the Bradshaw Drop. The aging, earthen and concrete-lined
canal loses approximately 6.7 cubic feet per second of water, or 4,850
acre-feet annually, due to seepage and evaporation. These water losses
are equivalent to approximately 13 percent of the water conveyed
annually and contribute to water supply challenges for the districts
and local farms. Modernizing the canal would significantly reduce water
losses, dramatically reduce the risk of failure, and improve water
delivery reliability.
MID and RRVID deliver water to irrigate approximately 2,225 farms
and orchards on 21,758 irrigated acres in Jackson County, Oregon.
Agricultural producers on these farms and orchards grow high value
pears, wine grapes, and other fruit, as well as hay and other crops.
Agriculture is an essential part of the Rogue Valley economy and
agricultural production depends on reliable water deliveries from MID
and RRVID. The districts also deliver water for outdoor residential
use, industrial users, golf courses and cemeteries.
Estimated federal funds required for the construction of the
proposed action may exceed $25 million. The proposed action will
therefore require congressional approval per the 2018 Agriculture
Appropriations Act amended funding threshold. In accordance with 7 CFR
650.7(a)(2), an EIS is required for projects requiring congressional
approval.
Preliminary Proposed Action and Alternatives
The objective of the EIS is to formulate and evaluate alternatives
for agricultural water management on the Joint System Canal. The EIS is
expected to evaluate three alternatives: two action alternatives and a
no action alternative. The alternatives that may be considered for
detailed analysis include:
--Alternative 1-- No Action: Taking no action would consist of
activities carried out if no Federal action or funding were provided.
No watershed project would be implemented, and the Joint System Canal
and associated infrastructure would not be modernized.
--Alternative 2-- Proposed Action: This alternative would include the
following system improvement measures including: piping the canal in
primarily the existing alignment, with potentially small sections in
new alignments, siphon replacement, access road improvements, and
upgraded turnouts. Options for each measure would be evaluated.
--Alternative 3--This alternative would include the following system
improvement measures including: canal reshaping and lining in the
existing alignment, canal stabilization, siphon replacement, access
road improvements, and upgraded turnouts. Options for each measure
would be evaluated.
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Summary of Expected Impacts
As mentioned above, initial cost estimates of the proposed actions
have determined that the Federal contribution to construction will
exceed $25 million, requiring congressional approval. Per 7 CFR 650.7,
an EIS is required when projects require congressional action. The NRCS
Oregon State Conservationist has determined that the preparation of an
EIS is required for this watershed project. An EIS will be prepared as
required by section 102(2)(C) of the National Environmental Policy Act
(NEPA); the Council on Environmental Quality Regulations (40 CFR parts
1500-1508); and NRCS regulations that implement NEPA in 7 CFR part 650.
In addition, the EIS will be prepared in accordance with the
Principles, Requirements, and Guidelines for Water and Land Related
Resources Implementation Studies (PR&Gs, USDA NRCS 2017).\1\ NEPA
compliance will cover the analysis of various resource issues listed
below, while compliance with the PR&Gs will include additional
assessments such as analyzing effects to ecosystem services and a
National Economic Efficiency Analysis.
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\1\ USDA NRCS. (2017). Guidance for Conducting Analyses Under
the Principles, Requirements, and Guidelines for Water and Land
Related Resources Implementation Studies and Federal Water Resource
Investments. <a href="https://www.usda.gov/directives/dm-9500-013">https://www.usda.gov/directives/dm-9500-013</a>.
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Environmental resources in the Joint System Canal Project area
consist of the natural and human-made environment. Resource issues to
be identified and addressed in the EIS include Cultural Resources,
Economics, Soils, Land Use, Environmental Justice, Endangered and
Threatened Species, Wildlife, Hydrology, Wetlands, Vegetation, and
Climate Change. Other resources may be identified through the scoping
process.
Anticipated Permits and Authorizations
The following permits and authorizations are anticipated to be
required:
<bullet> Endangered Species Act (ESA) Consultation. Consultation
with the U.S. Fish and Wildlife Service will be conducted as required
by the Endangered Species Act of 1973.
<bullet> Tribal Consultation. Consultation with the relevant Tribes
will be conducted.
<bullet> Section 106 Consultation. Consultation with the Oregon
State Historic Preservation Office and the Tribal Historic Preservation
Office will be conducted as required by the National Historic
Preservation Act (NHPA) of 1966.
<bullet> Clean Water Act (CWA) Section 404 Permit. Implementation
of the proposed Federal action would require a CWA section 404 permit
from the U.S. Army Corps of Engineers. Permitting with the U.S. Army
Corps of Engineers regarding potential impacts will be finalized prior
to final design and construction.
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 16 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 decide whether to implement one of the alternatives as
evaluated in the Final EIS. A NRCS Record of Decision (ROD) will be
completed after the required 30-day waiting period review process (36
CFR part 218 or 36 CFR part 219) has concluded. The responsible federal
official and decision maker for NRCS is the Oregon State
Conservationist.
Public Scoping Process
Public scoping meetings will be held in the Medford, Oregon area to
determine the scope of the analysis to be presented in the DEIS.
Meetings are scheduled to occur in the summer or fall of 2023 and will
be held at public venues. Meeting locations and times will be
determined closer to the dates of the events. Public notices will be
placed in local newspapers and on the NRCS, MID, and RRVID websites.
Additionally, a letter providing details on the public meetings and the
scoping comment and objection processes will be sent to federal and
state agencies, Tribes, local landowners, and interested parties.
Public scoping meetings provide an opportunity to review and
evaluate the Joint System Canal Project alternatives, express concern
or support, and gain further information regarding the Joint System
Canal Project. Comments received, including the names and addresses of
those who comment, will be part of the public record. Comments
submitted anonymously will be accepted and considered.
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, Tribes, consulting parties, and individuals
who have special expertise, legal jurisdiction, or interest to provide
comments concerning the scope of the analysis and identification of
potential alternatives, information, and analyses relevant to the
Proposed Action in writing.
NRCS will use the scoping process to help fulfill the public
involvement process under section 106 of the NHPA (54 U.S.C. 306108),
as provided in 36 CFR 800.2(d)(3). Information about historic and
cultural resources within the area potentially affected by the proposed
project will assist NRCS in identifying and evaluating impacts to
resources in the context of both NEPA and section 106.
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 full consideration.
Authorities
This document is published pursuant to the NEPA regulations
regarding publication of a NOI to issue an EIS (40 CFR 1501.9(d)). This
EIS will be prepared to evaluate potential environmental impacts as
required by section 102(2)(C) of 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 Programs
The title and number of the Federal assistance programs, 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 <a href="https://sam.gov/content/assistance-listings">https://sam.gov/content/assistance-listings</a>.
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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 Watershed Plan is
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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:
<a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-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 to: U.S. Department of
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#4c030d0f0c393f282d622b233a"><span class="__cf_email__" data-cfemail="0b444a484b7e786f6a256c647d">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Ronald Alvarado,
Oregon State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2023-15212 Filed 7-18-23; 8:45 am]
BILLING CODE 3410-16-P
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