Notice2024-10064
Notice of Intent To Prepare an Environmental Impact Statement for the Pleasant Creek Supplemental Watershed Plan in Sanpete County, Utah
Primary source
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Published
May 8, 2024
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
The Natural Resources Conservation Service (NRCS) Utah State Office announces its intent to prepare an EIS for the Pleasant Creek watershed in Sanpete County, Utah. The proposed EIS will examine alternative solutions to address watershed structure rehabilitation, flood damage prevention and reduction, agricultural water management, water conservation, and public recreational efforts in Mt. Pleasant City and portions of unincorporated Sanpete County. The Pleasant Creek watershed includes Mt. Pleasant City; existing water resource facilities, including the Upper Debris Basin, Lower Debris Basin, the Surge Pond, and the Agricultural Reservoir; private agricultural land; and U.S. Forest Service-managed land in the upper watershed. 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 90 (Wednesday, May 8, 2024)</title>
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[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Pages 38861-38864]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10064]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2024-0006]
Notice of Intent To Prepare an Environmental Impact Statement for
the Pleasant Creek Supplemental Watershed Plan in Sanpete County, Utah
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) Utah State
Office announces its intent to prepare an EIS for the Pleasant Creek
watershed in Sanpete County, Utah. The proposed EIS will examine
alternative solutions to address watershed structure rehabilitation,
flood damage prevention and reduction, agricultural water management,
water conservation, and public recreational efforts in Mt. Pleasant
City and portions of unincorporated Sanpete County. The Pleasant Creek
watershed includes Mt. Pleasant City; existing water resource
facilities, including the Upper Debris Basin, Lower Debris Basin, the
Surge Pond, and the Agricultural Reservoir; private agricultural land;
and U.S. Forest Service-managed land in the upper watershed. 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 June 7, 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.
[[Page 38862]]
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-2024-0006. Follow the
online instructions for submitting comments; or
<bullet> Mail or Hand Delivery: Derek Hamilton, Water Resources
Coordinator, USDA, NRCS, Utah State Office, 125 S State Street, #4010,
Salt Lake City, Utah 84138. In your comments, specify the docket ID
NRCS-2024-0006.
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: Derek Hamilton; telephone: (801) 524-
4560; email: <a href="/cdn-cgi/l/email-protection#8de9e8ffe8e6a3e5ece0e4e1f9e2e3cdf8fee9eca3eae2fb"><span class="__cf_email__" data-cfemail="3f5b5a4d5a5411575e5256534b50517f4a4c5b5e11585049">[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 for the supplemental watershed plan is to
rehabilitate debris basins and holding ponds in the watershed to
prevent flooding and reduce flood damage; improve agricultural water
delivery, supply, and conservation; and provide public recreation
opportunities. 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).
This supplemental watershed plan is sponsored by Mt. Pleasant City
and cosponsored by Pleasant Creek Irrigation Company and Twin Creek
Irrigation Company. The proposed action is needed to address flood
prevention in Mt. Pleasant City and portions of unincorporated Sanpete
County and reduce flood damage now that existing facilities and
infrastructure are beyond their useful design life. The existing
facilities do not provide adequate flood protection for Mt. Pleasant
City and surrounding areas and do not meet NRCS and Utah Dam Safety
standards. The current pipe network for Mt. Pleasant City has aged and
is in constant need of costly maintenance and repair. The system was
installed in the 1980s, experiences significant water losses, and no
longer functions effectively as a shared system for agricultural and
residential irrigation users. Drought, city growth, water shortages,
and operations and maintenance challenges have caused strain to the
system. Pressure surges and pipe failure often occur during system
filling operations and inadequate valving requires large segments or
the entire system to be shut down for essential repairs.
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 2018 Agriculture
Appropriations Act 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, Including No Action
The EIS objective is to formulate and evaluate alternatives for
flood control and prevention, agricultural water management, and
recreational opportunities in the approximately 84,180 acre Pleasant
Creek watershed 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--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, the existing
infrastructure would not be improved, and no capital investment would
be required. Sediment would continue to accumulate and water storage
volumes would continue to decrease. The existing water storage
structures would continue to operate in their current condition,
providing inadequate flood protection and overflow during large runoff
events. The existing agricultural water infrastructure would continue
to incur large water losses resulting in conflicts between agricultural
and residential users. The existing infrastructure does not meet the
purpose and need to prevent flooding; to reduce flooding risks; to
improve agricultural water delivery, supply and conservation; or to
provide recreational opportunities.
<bullet> Alternative 2--Proposed Action--Existing Structure
Improvement Alternative: The proposed action would rehabilitate and
enlarge the Upper Debris Basin for a total water storage capacity of
840 acre-feet to provide additional flood protection capacity and 50-80
days of irrigation water storage; decommission the Lower Debris Basin;
rehabilitate the Agricultural Reservoir and Surge Pond to address
current dam safety deficiencies and add dedicated irrigation water
storage for residential secondary water users; construct a new 20 acre-
foot Twin Creek Irrigation Storage Reservoir to provide additional
dedicated residential secondary water storage; replace the existing
secondary irrigation water pipeline system within Mt. Pleasant City to
separate residential secondary water and agricultural water; install
meters on the agricultural and residential secondary water system for
more accurate usage calculations and billing; and construct a day use
recreational facility and trail for additional recreational
opportunities.
<bullet> Alternative 3--Proposed Action--Twin Creek Reservoir
Alternative: The proposed action would include the measures outlined in
Alternative 2 and would also construct a new 1,000 acre-foot Twin Creek
Flood Control and Storage Multi-Purpose Reservoir to manage floodwater;
provide additional water storage; and assist in ongoing water
conservation efforts. This proposed action would also replace the
existing, deteriorated Agricultural Transmission Pipeline to provide
reliable agricultural water supply and pipe the existing Northwest
Irrigation Ditches to reduce water losses, decrease maintenance costs,
and improve public safety.
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.
Resource concerns for scoping were identified and categorized as
relevant or not relevant to the proposed action. Mt. Pleasant City,
Pleasant Creek Irrigation Company, Twin Creek Irrigation Company, and
NRCS evaluated the current condition of watershed structures, flood
risk, agricultural water management, water conservation efforts, and
recreational opportunities in the Pleasant Creek watershed along with
relevant resource concerns for each proposed solution. Environmental
resources in the project area consist of the natural and man-made
resources. Resource concerns to be identified and addressed in the
Supplemental Watershed Plan-EIS include: wetland and channel
alteration, disturbances to wildlife and riparian areas during
construction, land use changes, and impacts to visual resources.
[[Page 38863]]
Anticipated Permits and Authorizations
The following permits and authorizations are anticipated to be
required:
<bullet> Dam Safety. Coordination with the State Engineer and the
Utah Division of Water Rights would be required to ensure all
development and engineering requirements for the design and
construction of the Upper Debris Basin, Agricultural Reservoir and
Surge Pond, and Twin Creek Reservoir are implemented.
<bullet> Stream Alteration Permit. The proposed action would
require coordination and permits with the Utah Division of Water Rights
for the proposed improvements.
<bullet> Federal Emergency Management Agency (FEMA) Floodplain
Development Permit. Implementation of the proposed action would require
coordination with the local floodplain administrator and may require a
Floodplain Development Permit to ensure all development and engineering
requirements for construction within the Special Flood Hazard Areas are
implemented. Additionally, a Letter of Map Revision from FEMA would be
required prior to construction.
<bullet> Clean Water Act (CWA) and National Pollutant Discharge
Elimination System (NPDES). The proposed action may 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
impacts to wetlands and Waters of the United States.
<bullet> National Historic Preservation Act (NHPA) Section 106.
Consultation with Tribal Nations and interested parties would be
conducted as required by the NHPA.
<bullet> Local Encroachment. Consultation and potential
encroachment permits would be required with Mt. Pleasant City and
Sanpete County for all construction work within the local roadway
rights-of-way.
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 24 months after publication of
this NOI. A Final EIS is anticipated to be published within 8 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 NRCS
is the Utah State Conservationist.
Public Scoping Process
A public scoping meeting was held on April 11, 2019. Comments
received, including the names and addresses of those who commented, are
part of the public record. Scoping meeting presentation materials were
available for review and comment for 30 days from Thursday, March 28,
2019, through Friday, April 26, 2019. The date, time, and location for
a second meeting will be announced on the project website.
Federal, State, Tribal, local agencies and representatives, and the
public were invited to take part in the watershed plan scoping period.
Mt. Pleasant City, Pleasant Creek Irrigation Company, Twin Creek
Irrigation Company, 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, Mt. Pleasant City, Pleasant Creek Irrigation Company, Twin
Creek Irrigation Company, and NRCS 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.
NRCS will coordinate the scoping process to correspond with section
106 of the NHPA (54 U.S.C. 306108), as allowed in the regulations in 36
CFR 800.2(d)(3) and 800.8.
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
Pleasant Creek Supplemental Watershed Plan 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 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 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
[[Page 38864]]
print, audiotape, American Sign Language, etc.) should contact the
responsible Agency or 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#88f8fae7effae9e5a6e1e6fce9e3edc8fdfbece9a6efe7fe"><span class="__cf_email__" data-cfemail="572725383025363a793e3923363c32172224333679303821">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Travis Mote,
Acting Utah State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2024-10064 Filed 5-7-24; 8:45 am]
BILLING CODE 3410-16-P
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