Notice2024-07291
Notice of Intent To Prepare an Environmental Impact Statement for the Clarke County Water Supply Project, Clarke County, Iowa
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Published
April 5, 2024
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
The Natural Resources Conservation Service (NRCS) Iowa State Office announces its intent to prepare a watershed plan for the Clarke County Water Supply project, which is located approximately 27.2 miles upstream of the confluence with the South River in the proximity of Osceola, Iowa. The proposed watershed plan will examine alternative solutions to the limited availability of a reliable water supply. The Clarke County Water Supply project includes the cities of Osceola, Murray, and Woodburn, Iowa, and the Clarke County rural service area. 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 89 Issue 67 (Friday, April 5, 2024)</title>
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[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23963-23966]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07291]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2024-0002]
Notice of Intent To Prepare an Environmental Impact Statement for
the Clarke County Water Supply Project, Clarke County, Iowa
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) Iowa State
Office announces its intent to prepare a watershed plan for the Clarke
County Water Supply project, which is located approximately 27.2 miles
upstream of the confluence with the South River in the proximity of
Osceola, Iowa. The proposed watershed plan will examine alternative
solutions to the limited availability of a reliable water supply. The
Clarke County Water Supply project includes the cities of Osceola,
Murray, and Woodburn, Iowa, and the Clarke
[[Page 23964]]
County rural service area. 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 May 6, 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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and search for docket ID NRCS-2024-0002. Follow the
online instructions for submitting comments; or
<bullet> Mail or Hand Delivery: Jon Hubbert, State Conservationist,
Natural Resources Conservation Service, 210 Walnut Street Room 693, Des
Moines, IA 50309. In your comments, specify the docket ID NRCS-2024-
0002.
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: Jon Hubbert; telephone: (515) 284-
4769; email: <a href="/cdn-cgi/l/email-protection#cea4a1a0e0a6bbacacabbcba8ebbbdaaafe0a9a1b8"><span class="__cf_email__" data-cfemail="dbb1b4b5f5b3aeb9b9bea9af9baea8bfbaf5bcb4ad">[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 a reliable
drinking water supply to meet current and future demands in Clarke
County, Iowa. 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
sponsoring local organization (SLO) is the Clarke County Reservoir
Commission (CCRC) whose members are the cities of Osceola, Murray, and
Woodburn, Iowa; Clarke County, Iowa; Osceola Water Works Board of
Trustees; and Southern Iowa Rural Water Association (SIRWA).
The study area includes all of Clarke County where the water supply
is provided by the existing West Lake Reservoir. Osceola Water Works
treats raw water from West Lake, which is the sole water supply source
reservoir. SIRWA purchases potable water from Osceola Water Works and
distributes it to other users in Clarke County.
This action is needed to address deficiencies in the agricultural
water delivery system, which are having negative impacts on current
public health and economic growth. Limited water supply can impact
public health and safety due to the lack of safe drinking water and the
lack of water supply for other public needs, such as firefighting.
Quality of life for residents is impacted due to the potential for
water use restrictions during droughts. Economic growth has been
limited in the area because the supply is too limited to support new
businesses. Additionally, future water demands are anticipated to grow,
and the current supply will be increasingly insufficient.
The reservoir at West Lake has insufficient storage during moderate
to severe droughts. The reservoir has gone through substantial draw
down during four drought periods over the last 40 years requiring
various degrees of water restrictions. West Lake is in its third year
with lake levels below the spillway and Clarke County remains in a
moderate to severe drought. The remaining water supply in West Lake was
estimated to be less than a year in October 2023. The water
conservation ordinance has been increased to Section 3--Water
Emergency.
To meet the purpose of agricultural water supply for the Clarke
County service area, a safe and reliable water supply with an average
daily capacity of 2.0 million gallons per day is being requested. There
is a long history of water supply investigations in Clarke County. The
city of Osceola commissioned a study by an engineering firm in 1990 to
evaluate West Lake. The result of the study showed that West Lake would
not meet the projected water supply demand. At the request of local
officials, USDA Soil Conservation Service conducted a study of six
potential sites and published the results in a report titled,
``Reconnaissance Report: Potential Water Supply Reservoirs, City of
Osceola and Rural Users, Clarke County, Iowa'' (1991). Local sponsors
made requests for PL-566 planning assistance in 1992 and 1996, however
funding for pre-authorization planning activities was not available on
either occasion. Two other studies, one in 1996 and the other in 1999,
were conducted evaluating alternative water supply sources and the
potential for increasing yield from West Lake. In 2002, the Osceola
Water Board of Trustees, rural users, and other sponsoring bodies
organized and formed a 28E organization to become the CCRC. The CCRC
requested planning assistance from NRCS in 2003 which was authorized
late in 2004.
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 Consolidated
Appropriations Act, 2018 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
The EIS objective is to formulate and evaluate alternatives for the
agricultural water supply in the Clarke County service 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:
<bullet> Alternative 1--Proposed Action--Water Supply Reservoir:
The proposed action is to evaluate a water supply reservoir developed
with a dam at site 4B, which would include an earthfill embankment dam
with reinforced concrete pressure pipe spillway and vegetated auxiliary
spillway. The proposed project would also include a 6-mile water supply
pipeline to transport water from the reservoir to the water treatment
plant. The dam construction and inundated area would require the
relocation of a segment of a local road (Truro Pavement). The normal
pool (at 1001 foot elevation) would inundate 790 acres. The maximum
height of the dam would be 58 feet. The reservoir has 11,030 acre-feet
of storage and a design withdrawal capacity of 2.0 million gallons per
day on an average daily basis during drought conditions, which would
meet the need of the project.
<bullet> Alternative 2--Proposed Action--Single Purpose Water
Supply Pipeline: The proposed action would evaluate purchasing water
from Des Moines Water Works. This alternative would require a one-time
construction cost to install of 20-inch diameter pipeline 38.5 miles
long from the Des Moines Waterworks to the City of Osceola, and a
booster station in between. A buy-in fee would be part of the start-up
cost for service. Monthly rates and fees for treated water use would
apply over the life of the project. The proposed action would be able
to provide 2.0 million gallons per day on an average daily basis during
drought conditions which would meet the need of the project.
[[Page 23965]]
<bullet> Alternative 3--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 water supply
limitations would continue to impact residents of Clarke County quality
of life, public health and safety, and future economic growth. No
federal action or funding would be associated with the No Action
Alternative.
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.
CCRC and NRCS evaluated the current relevant project conditions
with early scoping and a preliminary conceptual design, which indicates
that the proposed alternatives may have local, regional, or national
impacts on the environment. The impacts may include: dam structure and
inundation from the reservoir; temporary and adverse impacts from
construction activities; and permanent beneficial impacts from adequate
drinking water supply. NRCS will coordinate with the appropriate
federal agencies throughout the planning process to minimize impacts,
and consider mitigation.
Potential effects include the following:
<bullet> soils;
<bullet> prime and unique farmland;
<bullet> land use;
<bullet> water resources, including wetlands, streams, and water
quality;
<bullet> floodplains;
<bullet> terrestrial and aquatic wildlife, including threatened and
endangered species and those included under the Migratory Bird Treaty
Act;
<bullet> cultural resources and historic properties;
<bullet> public health, safety, and transportation; and
<bullet> social and economic conditions.
Long-term beneficial effects would occur with an increase in
agricultural water supply.
Anticipated Permits and Authorizations
The following permits and authorizations are anticipated to be
required:
<bullet> Clean Water Act (CWA) and National Pollutant Discharge
Elimination System (NPDES). The project would 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 wetland
impacts.
<bullet> Endangered Species Act Section 7. NRCS and CCRC are
currently developing a Biological Assessment (BA) to support ESA
Section 7 consultation with the U.S. Fish and Wildlife Service.
<bullet> National Historic Preservation Act (NHPA) Section 106.
Consultation with Tribal Nations and interested parties would be
conducted as required by the NHPA.
<bullet> National Flood Insurance Program. A Letter of Map
Revision/Conditional Letter of Map Revision would be required from the
Federal Emergency Management Agency.
<bullet> Dam Safety and Floodplain Permit. Local dam safety and
floodplain permits will be required for construction and operation of
the dam from the Iowa Department of Natural Resources (IDNR) as
required in Iowa Administrative Code (IAC) 567.
<bullet> IAC, Environmental Protection Commission 567, Chapter 43,
Water Supplies--Design and Operation. Water Supply Storage, Water Use,
and Construction Permits must be obtained from IDNR Water Supply
Engineering Section for the Reservoir, Intake and Pipeline.
Requirements must be met for the Water Allocation and Use program,
including a Water Use Permit. Construction standards for public water
supplies must be met as set forth under IAC 567, Chapter 43.
<bullet> Review and acceptance of Final Engineering Plans and
Specifications. The final design and construction drawings and
specifications must be reviewed and approved by IDNR and NRCS prior to
implementation. Using the NRCS National Operation and Maintenance
Manual (O&M), an O&M plan will be prepared.
<bullet> Development--Conditional Use Permit, Grading Permit,
Utility Permit, and Entrance Permit. These are all local permits that
must be obtained from Clarke County.
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 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 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 the
NRCS is the Iowa NRCS State Conservationist.
Public Scoping Process
A public scoping meeting was held on August 19, 2021. Comments
received, including the names and addresses of those who commented,
were part of the public record. Scoping meeting presentation materials
were available for review and comment for 30 days from Thursday, August
19, 2021, through Saturday, September 18, 2021.
Federal, State, Tribal, local agencies and representatives, and the
public were invited to take part in the watershed plan scoping period
through which coordination sought input on issues of economic,
environmental, cultural, and social importance in the watershed. CCRC
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
CCRC 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.
Identification of Potential Alternatives, Information, and Analyses
NRCS invites agencies, Tribes, consulting parties, and individuals
who have special expertise, legal jurisdiction, or interest in the
Clarke County Water Supply project to provide comments concerning the
scope of the analysis and identification of potential alternatives,
information, and analyses relevant to the Proposed Action.
NRCS will coordinate the scoping process to correspond with any
required NHPA processes, as allowed in the regulations 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 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
[[Page 23966]]
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 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 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 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#2b5b59444c594a460542455f4a404e6b5e584f4a054c445d"><span class="__cf_email__" data-cfemail="a4d4d6cbc3d6c5c98acdcad0c5cfc1e4d1d7c0c58ac3cbd2">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Jon Hubbert,
Iowa State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2024-07291 Filed 4-4-24; 8:45 am]
BILLING CODE 3410-16-P
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