Notice2024-26636
West Fork Kickapoo Watershed; Programmatic Environmental Impact Statement
Primary source
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Published
November 15, 2024
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
This notice of availability presents the Record of Decision (ROD) on a Watershed Project Plan--Programmatic Environmental Impact Statement (Plan-PEIS) for the West Fork Kickapoo (WFK) Watershed prepared in partnership with Monroe and Vernon Counties, Wisconsin (Sponsors). This notice announces the plan to proceed with the implementation of Alternative 7--Proposed Action--Decommission All Dams and Replace Jersey Valley County Park Dam (WFK-1) with a high hazard, multi-purpose dam, identified in the Plan-PEIS. Alternative 7 proposes to decommission dams by excavating a notch to pass the 100-year flood without impounding water. It also proposes to replace WFK-1 with a high hazard, multi-purpose dam approximately 1,000 feet downstream of the existing dam. This action will avoid environmental impacts to the extent possible and mitigate impacts that are unavoidable.
Full Text
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<title>Federal Register, Volume 89 Issue 221 (Friday, November 15, 2024)</title>
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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90262-90264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26636]
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DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
West Fork Kickapoo Watershed; Programmatic Environmental Impact
Statement
AGENCY: Natural Resources Conservation Service, U.S. Department of
Agriculture (USDA).
ACTION: Notice of availability; record of decision.
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SUMMARY: This notice of availability presents the Record of Decision
(ROD) on a Watershed Project Plan--Programmatic Environmental Impact
Statement (Plan-PEIS) for the West Fork Kickapoo (WFK) Watershed
prepared in partnership with Monroe and Vernon Counties, Wisconsin
(Sponsors). This notice announces the plan to proceed with the
implementation of Alternative 7--Proposed Action--Decommission All Dams
and Replace Jersey Valley County Park Dam (WFK-1) with a high hazard,
multi-purpose dam, identified in the Plan-PEIS. Alternative 7 proposes
to decommission dams by excavating a notch to pass the 100-year flood
without impounding water. It also proposes to replace WFK-1 with a high
hazard, multi-purpose dam approximately 1,000 feet downstream of the
existing dam. This action will avoid environmental impacts to the
extent possible and mitigate impacts that are unavoidable.
ADDRESSES: You may request a copy of the ROD from: Steve Becker, NRCS
State Conservation Engineer, 8030 Excelsior Drive, Suite 200, Madison,
WI 53717.
FOR FURTHER INFORMATION CONTACT: Steve Becker; telephone: (608) 400-
6176; or email: <a href="/cdn-cgi/l/email-protection#3b484f5e4d5e15595e58505e497b4e485f5a155c544d"><span class="__cf_email__" data-cfemail="87f4f3e2f1e2a9e5e2e4ece2f5c7f2f4e3e6a9e0e8f1">[email protected]</span></a>. Individuals who require
alternative means for communication should contact the 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:
Decision
Natural Resources Conservation Service (NRCS) has prepared a ROD
following completion of the Plan-PEIS. The Plan-PEIS provides a
retrospective analysis of the existing flood control project and then
evaluates alternatives for the final disposition of 9 flood control
dams constructed between 1956 and 1971. The purpose of the Plan-PEIS is
to ensure agencies consider the environmental impacts of their action
in decision making. NRCS involvement is through Public Law 83-566,
Watershed Protection and Flood Prevention Act, as amended. The ROD is
available for viewing at the following link: <a href="https://www.wfkandccwatersheds.com/2023">https://www.wfkandccwatersheds.com/2023</a>. NRCS has decided to assist the
Sponsors with implementing Alternative 7 which proposes to decommission
all 9 dams in the watershed and replace WFK-1 about 1,000 feet
downstream of the existing dam.
Background
The WFK Watershed has an area of 75,387 acres (117.8 square miles)
to the confluence with the Kickapoo River. The focused planning area
for the Plan-PEIS is 63,761 acres (99.6 square miles). The Plan-PEIS
follows an original Watershed Work Plan developed in 1961 to reduce
flood damages in the WFK valley under the Watershed Protection and
Flood Prevention Act of 1954.
The major problems in the watershed between 1956 and 1961 were
floodwater damages to: crops and pasture, fences, farmsteads,
machinery, buildings, livestock, county, township roads and bridges,
and the village of Liberty. Project measures implemented under the 1961
Watershed Work Plan include a multitude of land treatment practices to
reduce erosion and sedimentation behind the dams and 7 flood control
dams with a total capacity of 3,652 acre-feet to regulate flood flows
from 30.73 square miles, or 31 percent of the watershed above the
village of Liberty. With the addition of two dams built under the Pilot
Watershed Program in 1956, the runoff from 34.6 square miles or 35
percent of the watershed above the village of Liberty is controlled.
The dams have now completed their Federal interest or original economic
evaluation period of 50 years.
On the night of August 27, 2018, two watershed dams over-topped and
two dams failed, including the WFK-1 and Mlsna Dams. Rainfall amounts
up to 11 inches were reported on the night of August 27 and early
morning of August 28. Additional rainfall amounts up to 7 inches were
reported in the afternoon of August 28 after the dam failures.
The dams failed (breached) along the interface between the
earthfill and highly jointed sandstone abutments. Each breach extended
full depth to the valley floor. No one was injured or killed. Large
debris fields were observed downstream of the dams for about 1/4 mile.
Agricultural lands and road crossings were damaged. Engineering
investigations concluded that flow through the fractured sandstone
during high pool stage caused internal erosion and piping of the
earthfill dam and contributed to the failures. The Sponsors and NRCS
are concerned that a similar vulnerability exists in the remaining 7
dams.
Environmental Review
The ROD summarizes the findings of the Plan-PEIS and provides the
basis for a decision to decommission 9 flood control dams in the WFK
watershed and replace WFK-1 with a high hazard, multi-purpose dam. The
watershed project plan and the environmental document were combined in
the single Plan-PEIS document. NRCS is the lead Federal agency
responsible for the content and quality of the Plan-EIS for the
purposes of National Environmental Policy Act (NEPA), Principles,
Requirements, and Guidelines (PR&G) for Federal Investments in Water
Resources and National Historic Preservation Act (NHPA) compliance.
The ROD is issued as specified by the NEPA process (42 U.S.C. 4321-
4347) which follows the NRCS NEPA regulations in 7 CFR part 650,
subpart A, and 7 CFR part 622. The NRCS NEPA regulations adopt the
Council of Environmental Quality (CEQ) NEPA regulations (40 CFR parts
1500-1508) in total.
Alternatives
Considered alternatives included: no action, repair,
rehabilitation, relocation, replacement, removal, and construction of
additional dams. Considered alternatives also include the substitution
of large watershed dams
[[Page 90263]]
with a multitude of smaller farm ponds. Further effort was made to
evaluate the effects of various land management strategies to reduce
watershed runoff and flood damages were compared for present land use
against a full watershed conversion from cropland to grassland.
Three of 12 alternatives were provided for detailed study and for
comparative analysis: No Action, Decommission Dams, Decommission Dams
and Replace WFK-1. The No Action alternative does not address dam
safety. Two failed dams, plus three failures in the adjacent Coon Creek
Watershed, present a high probability for future failures. The State
Dam Safety Program has issued an administrative order to Vernon County,
as the owner, to repair or remove the two failed dams; similarly, the
State Dam Safety Program would likely order the repair or removal of
the 7 remaining dams if the dams fail in the future. The Decommission
Dams alternative proposes to decommission all 9 dams to prevent future
dam failures and potential loss of life and property damage. The
Decommission Dams and Replace WFK-1 dam alternative prevents future dam
failures and restores the flood control and recreational benefits that
are a keystone of Jersey Valley County Park.
Factors Considered in Making the Decision
Geologic and geotechnical engineering investigations were conducted
following the failures of the Mlsna and WFK-1 Dams. The investigation
report concluded that flow through the fractured sandstone abutments
during high pool stages contributed to the failures. A similar
vulnerability is believed to exist in the remaining structures.
Failure of the remaining dams could result in loss of life and
would likely cause downstream flood, erosion, sedimentation damages to
cropland, farm structures, road crossings, and utilities. Dam failures
would also result in erosion and sedimentation of streams resulting in
adverse impacts to fish and wildlife habitat.
All programmatic alternatives have submarginal economic performance
except for the WFK-1 dam replacement. They have negative discounted net
economic efficiency and low benefit to cost ratios. However, the
preferred alternative of dam decommissioning decreases People at Risk
(PAR) from a dam failure and increases length of natural stream
connectivity for habitat and recreation. The Decommission Dams
alternative is justified by the social (PAR and recreation) and
environmental (stream restoration) accounting of the PR&G for Federal
Investments in Water Resources. The replacement of the WFK-1 dam would
restore a unique recreational opportunity in the Driftless Area of
Southwest Wisconsin and re-establish the cornerstone of Jersey Valley
County Park with 370-acres that generate 11 types of recreation. It
will also provide flood protection benefits for about 49 homes.
Public Notice
As specified in 7 CFR 650.12(c) and 40 CFR 1505.2, the Draft PEIS
public notice was initiated by publication of the Draft EIS on December
22, 2023, and published in the Federal Register (88 FR 88610), as
identified by EIS number 20230181 in the Environmental Protection
Agency's (EPA) Central Dat Exchange (CDX) system. Concluding the
initial public notice, essential comments were addressed and
incorporated in the Final PEIS. The Final PEIS was made available for
review through EPA's CDX system on May 17, 2024, and published in the
Federal Register (89 FR 43401).
Conclusion
The Plan-PEIS for the West Fork Kickapoo Watershed uses all
practical means, consistent with considerations of national policy, to
meet the goals established in NEPA. The Plan-PEIS will serve the
overall public interest and meet the needs of the project sponsors. The
Plan-PEIS has been prepared, reviewed, and accepted in accordance with
the provisions of NEPA as implemented by Departmental regulations for
the preparation of a Plan-PEIS. After considering a broad range of
alternatives, the Plan-PEIS has found Alternative 7--Proposed Action--
Decommission Dams and Replace WFK-1, to be the environmentally
preferable alternative to serve the Sponsor's purpose and need.
NRCS has decided to assist Sponsors with the implementation of
Alternative 7 to decommission all 9 dams by excavating a notch to pass
the 100-year flood without impounding water while avoiding
environmental impacts to the extent possible and mitigating for impacts
that are unavoidable. NRCS also has decided to assist Sponsors with the
replacement of the WFK-1 dam to restore a unique recreational
opportunity in the Driftless Area and re-establish the cornerstone of
Jersey Valley County Park with 370-acres that generate 11 types of
recreation. It will also provide flood protection benefits for about 49
homes.
NRCS has prepared a concise ROD for this action. The ROD was
prepared and will be signed by the State Conservationist (STC)
following the 30-day administrative action period initiated by the
EPA's publication of the notice of availability of the Final PEIS in
the Federal Register. The ROD will be distributed to all who provided
essential comments on the Draft PEIS and will be available for review
upon request.
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
USDA TARGET Center at (202) 720-2600 (voice and telephone) or dial 711
for Telecommunications Relay Service
[[Page 90264]]
(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#83f3f1ece4f1e2eeadeaedf7e2e8e6c3f6f0e7e2ade4ecf5"><span class="__cf_email__" data-cfemail="7000021f1702111d5e191e04111b1530050314115e171f06">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Joseph Schmelz,
Acting Wisconsin State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2024-26636 Filed 11-14-24; 8:45 am]
BILLING CODE 3410-16-P
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