Notice2023-28592
Notice of Intent To Prepare an Environmental Impact Statement for the Rattlesnake Creek Watershed Plan, in Stafford, Pratt, Rice, Reno, and Edwards Counties, Kansas
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Published
December 28, 2023
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
The Natural Resources Conservation Service (NRCS) Kansas State Office in cooperation with U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS), Environmental Protection Agency (EPA), Kansas Department of Health and the Environment (KDHE), Kansas Department of Agriculture (KDA), and Big Bend Groundwater Management District 5 (GMD-5) (project sponsor), announces its intent to prepare a watershed plan and EIS for the Rattlesnake Creek Watershed Plan, in Stafford County, KS. The proposed watershed plan will examine alternative solutions for GMD-5 to provide agricultural water management measures to Rattlesnake Creek and Quivira National Wildlife Refuge (NWR). NRCS is requesting comments to identify significant issues, potential alternatives, information, and analysis 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 248 (Thursday, December 28, 2023)</title>
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[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89656-89659]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28592]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2023-0018]
Notice of Intent To Prepare an Environmental Impact Statement for
the Rattlesnake Creek Watershed Plan, in Stafford, Pratt, Rice, Reno,
and Edwards Counties, Kansas
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) Kansas State
Office in cooperation with U.S. Army Corps of Engineers (USACE), U.S.
Fish and Wildlife Service (USFWS), Environmental Protection Agency
(EPA), Kansas Department of Health and the Environment (KDHE), Kansas
Department of Agriculture (KDA), and Big Bend Groundwater Management
District 5 (GMD-5) (project sponsor), announces its intent to prepare a
watershed plan and EIS for the Rattlesnake Creek Watershed Plan, in
Stafford County, KS. The proposed watershed plan will examine
alternative solutions for GMD-5 to provide agricultural water
management measures to Rattlesnake Creek and Quivira National Wildlife
Refuge (NWR). NRCS is requesting comments to identify significant
issues, potential alternatives, information, and analysis relevant to
the proposed action from all interested individuals, Federal and State
agencies, and Tribes.
DATES: We will consider comments that we receive by February 12, 2024.
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-2023-0018. Follow the
online instructions for submitting comments; or
<bullet> Mail or Hand Delivery: Larry Schieferecke, Kansas State
Conservation Engineer, USDA, NRCS, Kansas State Office, 760 South
Broadway Boulevard, Salina, Kansas 67401-4604. In your comments,
specify the docket ID NRCS-2023-0018.
All comments received will be posted without change and made
publicly available on <a href="http://www.regulation.gov">www.regulation.gov</a>.
FOR FURTHER INFORMATION CONTACT: Larry Schieferecke; telephone: (785)
823-4534; email: <a href="/cdn-cgi/l/email-protection#e78b8695959ec994848f8e8281829582848c82a792948386c9808891"><span class="__cf_email__" data-cfemail="c6aaa7b4b4bfe8b5a5aeafa3a0a3b4a3a5ada386b3b5a2a7e8a1a9b0">[email protected]</span></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 watershed plan is to provide for long-
term, sustainable agricultural water management within the Rattlesnake
Creek subbasin, including project components to address the impairment
at Quivira NWR. GMD-5 has been awarded federal funding from NRCS
through the Watershed Protection and Flood Prevention Act (Pub. L. 83-
566, 16 U.S.C. 1001-1008--referred to as PL-566 in this document) to
provide for long-term, sustainable agricultural water management within
the Rattlesnake Creek subbasin of GMD-5, including project components
to help address the impairment at Quivira NWR. The project is essential
for the Quivira NWR's ongoing senior water right impairment (as
described below), and the importance of groundwater to the agricultural
economy. The sustainability of Quivira NWR relies on surface water
diversions that the KDA Division of Water Resource (KDA-DWR) has deemed
impaired due to junior groundwater pumping. A predictable and
consistent source of water is also required to support the region's
agricultural economy. Providing long-term agricultural water management
for the region would help provide water resources for both the
agricultural economy and help remedy Quivira NWR's impaired senior
water right.
A project will be developed through the preparation of the EIS that
would assure a water supply for Quivira NWR while considering and
minimizing economic impacts to the surrounding agricultural economy. In
the state of Kansas, the use of water is monitored and regulated by
KDA-DWR. Individuals that use the state water resources for any purpose
other than domestic use is required to obtain a permit, or ``water
right.'' The state regulates the water use under the prior
appropriation doctrine, which provides priority access to individuals
with older (or senior) water rights during water shortages as opposed
to individuals with newer (or junior) water rights. The
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state does not guarantee the availability of a certain amount of water.
The water right holder is entitled to the authorized amount while
considering seniority and the natural availability of water and
entitled to divert water at times when it is most beneficial.
Impairment could still occur because sufficient water is unavailable
when the water is most beneficial, even though it is available on an
annual basis. The 22,135 acre Quivira NWR is located at the
northeastern end of the subbasin and Rattlesnake Creek flows through
the refuge before discharging into the Arkansas River. The USFWS holds
Water Right File Number 7,571 for the management of Quivira NWR. This
water right, which is senior in priority to approximately 95 percent of
all other water rights in the Rattlesnake Creek subbasin, has been
impaired frequently over the past 20 years as determined by the KDA
Chief Engineer.
Surface water and groundwater are essential resources to the
central Kansas economy and environment. Management of the Rattlesnake
Creek subbasin and its interrelated water resources has been difficult
and complex because it involves administration of multiple users of a
limited resource. The resource is relied upon for ecosystem
sustainability (through management of surface water at the Quivira NWR;
Recreational use) and for irrigated agriculture (through groundwater
pumping), all of which are of equal importance in Kansas. To regulate
water use, the state of Kansas uses a system of water rights, which
dictates when and how much water may be diverted by users.
GMD-5 can assist the state of Kansas with the management of
groundwater through various options. KDA-DWR has determined that
surface water flows have been insufficient to support management
practices at Quivira NWR during certain years and periods within those
years because of the reductions in streamflow caused by groundwater
use. Finding an agreeable solution that balances the needs of the
Quivira NWR while limiting impacts to agriculture has been challenging.
Preliminary Proposed Action and Alternatives
The objective of the EIS is to formulate and evaluate alternatives
for agricultural water needs and augmentation of wellfield and
associated pipeline of water to Rattlesnake Creek upstream of Quivira
NWR. This 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:
<bullet> Alternative 1--Proposed Action--Augmentation Wellfield and
Groundwater Use Reduction Alternative: The proposed action is to
construct an augmentation wellfield and associated pipeline that
provides 15 to 18 cubic feet per second (cfs) of water to Rattlesnake
Creek upstream of Quivira NWR. Additionally, 2,500 acres of targeted
water right retirements and compensated conservation measures would be
implemented. Finally, the proposed action would implement a multi-
stakeholder adaptive management approach that would evaluate the
success of the augmentation wellfield, water right retirements, and
compensated conservation measures on an annual basis, and decrease
pumping or increase groundwater retirements as needed to meet the
Quivira NWR management goals and objectives.
<bullet> Alternative 2--No Action Alternative: Taking no action
predicts USFWS, the senior water right holder in the basin, will file a
request to secure water with KDA-DWR for the impairment finding to the
Quivira NWR if the project were not authorized and implemented under
the PL-566 program. KDA-DWR would then administer the water right
consistent with Kansas Statutes Annotated 82a-706b, which would
restrict junior water right irrigation within the basin for irrigated
crops. The decrease in irrigation will have severe negative effects to
the local agricultural economy and agricultural producers due to
decreased crop yields.
<bullet> Alternative 3--Groundwater Use Reduction Alternative: The
groundwater use reduction alternative would rely solely on reductions
in groundwater use without development of an augmentation wellfield to
increase Rattlesnake Creek streamflow. The groundwater use reduction
alternative would incorporate the establishment of either a local
enhancement management area (LEMA) or an intensive groundwater use
control area (IGUCA). Either a LEMA or an IGUCA would implement
measures to reduce groundwater use to avoid an impairment to the senior
water right held by the USFWS. This alternative would allow GMD-5 to
develop or initiate groundwater reduction measures prior to KDA-DWR
enforcement; whereas the no-action alternative could potentially lead
to water enforcement activities that are determined by KDA-DWR.
Summary of Expected Impacts
The following affected environment categories had the largest
comparative difference and are heavily weighted in the proposed action
alternative selection process.
<bullet> Aquifers and Sole Source Aquifers;
<bullet> Environmental Justice and Socioeconomic Status;
<bullet> Surface Water Resources and Water Quality; and
<bullet> Riparian Area.
All three alternatives have beneficial impacts to Rattlesnake Creek
and Quivira NWR. The modeling data shows that all three alternatives
will meet USFWS's water right. However, the Augmentation Wellfield and
Groundwater Use Reduction Alternative would have the most immediate
beneficial impact to Rattlesnake Creek and Quivira NWR following
construction of the augmentation wellfield. Additionally, the Quivira
NWR water needs would be met by engaging the augmentation wellfield
pumps rather than relying on rainfall and climate conditions.
The No Action and Groundwater Use Reduction alternatives both
resulted in a reduction in irrigation pumping that provides beneficial
impacts outside of Rattlesnake Creek and Quivira NWR that include
benefits to the local aquifer, surface water resources, and riparian
areas. The reduction in irrigation pumping that causes an increase in
Rattlesnake Creek flow and available water to Quivira NWR results in
benefits to the local aquifer, and in effect, the surrounding streams,
wetlands, and riparian areas. These effects benefit fish and wildlife
resources including wildlife habitat and potentially threatened and
endangered species outside of Quivira NWR. The human environment is
improved by having a diversity of species and increased water resources
in a relatively dry climate.
Though the Augmentation Wellfield and Groundwater Used Reduction
Alternative includes a reduction in irrigation pumping (2,500 acre-feet
per year), the primary water source is augmentation wellfield pumping.
There are minimal beneficial impacts to areas outside Rattlesnake Creek
and Quivira NWR compared to the No Action and Groundwater Use Reduction
alternatives.
Under the No Action and Groundwater Use Reduction alternatives, the
reduction in irrigation pumping comes at a significant cost to the
regional economy and has a negative impact on low-income populations.
In summary, the analysis showed the following for each alternative
based on different crop scenarios:
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<bullet> No Action Alternative: Net farm income under this
alternative would decrease between $6.1 million and $12.1 million,
annually, as compared to existing conditions.
<bullet> Augmentation Wellfield and Groundwater Use Reduction
Alternative: Net farm income under this alternative would increase
between $6.0 million and $11.8 million annually, relative to the No
Action Alternative and would decrease between $0.1 million and $0.3
million annually, as compared to existing conditions.
<bullet> Groundwater Use Reduction Alternative: This alternative
would lead to a reduction in net farm income of between $586,000 and
$788,000 annually, relative to the No Action Alternative and would be a
decrease of $5.5 million and $11.3 million annually, as compared to
existing conditions.
Anticipated Permits and Authorizations
The following permits and authorizations are anticipated to be
required:
<bullet> Clean Water Act Section 404. A Clean Water Act section 404
permit must be obtained from the USACE to account for fills within
jurisdictional waters of the United States (WOTUS). If needed, GMD-5
will obtain a Clean Water Act section 404 permit prior to construction.
<bullet> Endangered Species Act Section 7. GMD-5 is currently
developing a Biological Assessment (BA) to support ESA section 7
consultation with the USFWS.
<bullet> National Historic Preservation Act (NHPA) Section 106. A
Cultural Resources Inventory Report will be prepared and submitted to
the Kansas State Historic Preservation Office (SHPO) for concurrence.
Based on results in the report, the Kansas SHPO will make a
determination on whether the project may affect cultural resources that
are either listed on or eligible for listing in the National Register
of Historic Places (NRHP).
<bullet> State Sensitive Species. GMD-5 will consult with the
Kansas Department of Wildlife and Parks (KDWP) for activities that may
affect state threatened or endangered species. If needed, the KDWP is
required to issue special action permits for activities that may affect
these species or state-designated critical habit.
<bullet> National Pollutant Discharge Elimination System and Storm
Water Pollution Prevention Plan. A construction site discharge permit
(NPDES) is required by the KDHE on behalf of the EPA if a construction
site footprint is greater than 1 acre. Construction of the Proposed
Action would involve more than 1 acre of disturbance; therefore, a
Stormwater Pollution Prevention Plan (SWPPP) will be developed to
minimize pollution from soil erosion and other sources during
construction.
<bullet> Construction Permits. Any construction permits required
from Stafford County will be obtained prior to 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 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 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 and decision maker for the NRCS is the
Kansas NRCS State Conservationist.
Public Scoping Process
Federal, State, Tribal, local agencies and representatives, and the
public were invited to take part in this watershed plan scoping period
through which coordination, sought input on issues of economic,
environmental, cultural, and social importance in the watershed.
An open house public meeting was held January 13, 2022, from 4-6
p.m. in the Community Room at the Stafford County Annex in St. John,
Kansas. The purpose of the meeting was to share information about the
watershed planning process and to gather feedback from the public on
how to improve agricultural water supply and fish and wildlife habitat
within the Rattlesnake Creek Watershed in Stafford County.
Approximately 31 people signed into the meeting.
Public notices advertising the meeting were published in the Great
Bend Tribune, Hutchinson News, Stafford Courier, Pratt Tribune, and
Saint John News newspapers. Postcard invitations were sent to
approximately 775 citizens and other interested parties near the
proposed project area. A meeting notice was also published on the GMD-
5's website.
Information shared at the meeting included the project background
and location, project purpose and need, description of the purpose of
and process for developing a watershed plan, environmental
considerations within the project area, organizational information
about the NRCS and GMD-5, and methods for providing public input. Draft
scoping information and an executive summary were also provided at the
meeting.
The project team received 11 comments during the specified 30-day
comment period (December 29, 2021, through January 31, 2022).
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
Rattlesnake Creek Watershed project 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 coordinate the scoping process to correspond with any
required NHPA processes, as allowed in 36 CFR 800.2(d)(3) and 800.8 (54
U.S.C. 306108). The information about historic and cultural resources
within the area potentially affected by the proposed Rattlesnake Creek
project will assist NRCS in identifying and evaluating impacts to such
resources in the context of both the National Environmental Policy Act
(NEPA) and NHPA.
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 due 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)).
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 <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 Rattlesnake Creek 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
the 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: (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: <a href="/cdn-cgi/l/email-protection#c7b7b5a8a0b5a6aae9aea9b3a6aca287b2b4a3a6e9a0a8b1"><span class="__cf_email__" data-cfemail="f080829f9782919dde999e84919b95b085839491de979f86">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Kristin Ethridge,
Kansas Acting State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2023-28592 Filed 12-27-23; 8:45 am]
BILLING CODE 3410-16-P
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