Notice2025-11671
Notice of Intent To Prepare an Environmental Impact Statement for the Shortfoot Creek Watershed Plan, North Dakota
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Published
June 25, 2025
Issuing agencies
Agriculture DepartmentNatural Resources Conservation Service
Abstract
The Natural Resources Conservation Service (NRCS), North Dakota State Office, announces its intent to prepare an EIS for the Shortfoot Creek Watershed located within Sargent and Richland Counties, and North Dakota, Marshall and Roberts Counties, South Dakota. The proposed EIS will examine alternative solutions to provide flood damage reduction and watershed protection. 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 90 Issue 120 (Wednesday, June 25, 2025)</title>
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[Federal Register Volume 90, Number 120 (Wednesday, June 25, 2025)]
[Notices]
[Pages 26962-26965]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11671]
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DEPARMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2025-0003]
Notice of Intent To Prepare an Environmental Impact Statement for
the Shortfoot Creek Watershed Plan, North Dakota
AGENCY: Natural Resources Conservation Service, U.S. Department of
Agriculture (USDA).
ACTION: Notice of Intent (NOI) to prepare an Environmental Impact
Statement (EIS).
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SUMMARY: The Natural Resources Conservation Service (NRCS), North
Dakota State Office, announces its intent to prepare an EIS for the
Shortfoot Creek Watershed located within Sargent and Richland Counties,
and North Dakota, Marshall and Roberts Counties, South Dakota. The
proposed EIS will examine alternative solutions to provide flood damage
reduction and watershed protection. 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 August 11, 2025. We
will consider comments received after the 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-2025-0003. Follow the
online instructions for submitting comments.
<bullet> Mail or Hand Delivery: Jonathan Petersen, USDA-NRCS, 220 E
Rosser Ave., Bismarck, ND 58502-1458. In your comments, specify the
docket ID-NRCS-2025-0003.
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: Jonathan Petersen; telephone: (701)
530-2082; email: <a href="/cdn-cgi/l/email-protection#d0babfbeb1a4b8b1befea0b5a4b5a2a3b5be90a5a3b4b1feb7bfa6"><span class="__cf_email__" data-cfemail="5e3431303f2a363f30702e3b2a3b2c2d3b301e2b2d3a3f70393128">[email protected]</span></a>.
Individuals who require alternative means of communication should
contact
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USDA Target Center at (202) 720-2600 (voice and text telephone (TTY]
mode) 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 action is flood damage
reduction and watershed protection. 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 U.S. Army Corps of Engineers (USACE) and U.S. Fish and Wildlife
Service (USFWS) are cooperating federal agencies in the watershed
planning effort. NRCS is the lead federal agency implementing the
National Environmental Policy Act (NEPA) and the National Historic
Preservation Act (NHPA). The following agencies have been consulted and
their input requested in this planning effort: U.S. Environmental
Protection Agency; U.S. Federal Emergency Management Agency; North
Dakota Department of Water Resources (ND DWR); North Dakota Department
of Environmental Quality; North Dakota Game and Fish Department; North
Dakota Department of Transportation; Sargent County Water Resource
District (local project Sponsor); Sargent County Highway Department;
Sargent County Sheriff's Office; Sargent County Commission; and Sargent
County Emergency Management. NRCS is consulting on both NEPA and
section 106 of the NHPA with the North Dakota State Historical
Preservation Office and Tribal Nations.
This action is needed because the Shortfoot Creek watershed
experiences $677,800 in average annual flood damages due to cropland
inundation and damage to roads. Approximately 78 percent of the
watershed is farmed for row crops consisting predominantly of corn,
soybeans, and spring wheat. Flooding causes disruptions to
transportation by overtopping and washing out roads, bridges, and
culverts.
Long duration inundation of cropland, particularly in spring
floods, results in high transfer of nutrients from soil and residue
back to Shortfoot Creek, the Wild Rice River, and Red River downstream.
At the 2-year recurrence interval flood, 1,118 acres of cropland are
flooded, at the 5-year 4,268 acres are flooded, at the 10-year 5,214
acres are flooded, and at the 100-year 7,293 acres are flooded. The
Shortfoot Creek watershed contributes an average annual volume of
15,548 pounds of phosphorus and 70,176 pounds of nitrogen to downstream
waterways.
Agricultural non-point source pollution from the U.S. portion of
the Red River Basin is a major contributor to the ongoing
eutrophication of Lake Winnipeg, the 10th largest freshwater lake in
the world, which is degrading a $102 million a year recreational
fishing industry, $25 million a year commercial fishing industry, and
subsistence fishing by 14 First Nation communities along the lakeshore.
Between 1994 and 2007, annual phosphorus loads to Lake Winnipeg
increased 71 percent and nitrogen loads increased 18 percent. While the
Red River contributes only 15 to 20 percent of overall annual runoff to
the lake by volume, from 1994 through 2007 it contributed 70 percent of
the total phosphorus load, largely in the form of inorganic dissolved
phosphorus, and 78 percent of the annual total nitrogen load. The Wild
Rice Watershed is rated within the top 20 percent of Red River Basin
sub-watersheds for phosphorus delivery and the top 40 percent for
nitrogen delivery. In total, 65 percent of total nitrogen and 75
percent of total phosphorus originates from cropland within the North
Dakota portion of the Basin.
Federal investment in nutrient reduction within the Red River Basin
is an important contribution to the Boundary Waters Treaty (BWT)
obligation of the United States. Article IV of the BWT specifies that
boundary waters or waters flowing across the boundary are not to be
polluted to the injury of health and property to the other. The
International Joint Commission (IJC) acts as the mediator for BWT, with
International Red River Board (IRRB) established as the IJC sub entity
for the Red River Basin. In 2019, IRRB recommended nutrient
concentration and load target objectives for the international border
crossing of the Red River to IJC, which were formally adopted in 2022
with the concurrence from the U.S. State Department and Global Affairs
Canada. The reported average nutrient load for phosphorus in 2017
through 2021 was 170 percent of the standard and for nitrogen was 125
percent. The annual flow-averaged concentration of phosphorus exceeds
the standard by 300 to 400 percent.
The Prairie Pothole Region (PPR) in the northcentral Great Plains
is one of the most threatened waterfowl habitats in the United States.
The Red River Valley is one of the largest artificially drained
landscapes in the world, with hundreds of miles of publicly owned
drainage ditches, privately owned lateral ditches, and thousands of
acres of surface tile drains. The remaining wetlands and grasslands of
the PPR are one of the most productive areas in the world for breeding
waterfowl and are important habitat for migratory grassland and shore
birds. It is estimated that only 3 percent of tallgrass prairie in the
Red River Basin remains unplowed and that 85 percent of wetlands were
drained as of 1980. Drainage of remaining wetlands continues at a high
rate as precipitation has continued to increase, from 1997 to 2009 more
than 50,000 individual wetlands were lost within North Dakota alone, a
-3.3 percent overall change.
Preliminary Proposed Action and Alternatives, Including a No Action
The EIS objective is to formulate and evaluate alternatives that
would provide flood damage reduction and watershed protection. The EIS
is expected to evaluate two alternatives: one no action alternative and
one action alternative.
The alternatives that may be considered for detailed analysis
include:
<bullet> Alternative 1--No Action Alternative: Taking no action
would mean that no Federal action would be taken in the Shortfoot Creek
Watershed and implementation of significant flood damage reduction,
nutrient reduction, and large-scale wetland and wildlife habitat
improvement projects would not occur. The watershed will continue to
contribute an average of 19,841 pounds of phosphorus and 50,223 pounds
of nitrogen annually to the Maple River, and the downstream Red River
and Lake Winnipeg.
<bullet> Alternative 2--Proposed Action Alternative--Shortfoot
Creek Site 7: The proposed action would construct the Shortfoot Creek
Site 7 as a multi-purpose dry dam with interior features designed and
operated for the purpose of flood damage reduction, nutrient reduction,
and wetland/upland wildlife habitat. The dam would provide 1,250 acre-
feet of temporary (less than 10 days inundation at the 10-year
recurrence interval flood) floodwater retention for a 32.7 square mile
drainage area. It would consist of a 1-mile embankment with a maximum
height of 20 feet, 48-inch principal spillway conduit, and structural
concrete auxiliary spillway. Reduction of dissolved inorganic
phosphorus (DP) will be through two primary means. The first involves
construction and operation of two constructed wetlands, totaling 130
acres, on the interior of the dry dam to which water during flood
events would be routed with pump and pipelines, held to depths of 2 to
3 feet through the
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growing season. Low flows will continue down the creek to avoid impacts
to aquatic species. Vegetation would uptake DP as it grows and in the
early fall the cells would be drained via automated control structures
and tile drains below the cells to allow vegetation to be cut, baled,
and removed from the floodplain prior to the first frost in 2 out of 3
years. The second primary means of DP reduction occurs through reducing
the extents, frequency, and duration of cropland inundation downstream
of the dam through modification of the peak flow hydrograph. The
project also involves restoring natural sinuosity and channel
dimensions to 2.6-miles of straightened or channelized creek upstream
of the dam, which will result in restoration of 17.8 acres of riverine
wetlands. A ditch plug will be installed to restore 2.8 acres of
pothole wetlands. The 130 acres of constructed treatment wetlands will
also provide wildlife habitat. Currently 203.4 acres of existing
wetlands are hayed throughout the year and improvement to vegetation
management to benefit wildlife will provide functional enhancement on
those wetlands. In total, a 363-acre mosaic of 354 acres of enhanced,
restored, and constructed wetlands and 9 acres of uplands along 2.6-
miles of restored creek will be placed in a 50-year conservation
easement and managed for wildlife habitat and nutrient reduction.
Summary of Expected Impacts
The EIS will be prepared as required by section 102(2)(C) of NEPA
and NRCS regulations that implement NEPA in 7 CFR part 650.
An NRCS evaluation of this federally assisted action indicates that
the proposed alternative may have a significant positive local,
regional, national, or international impact on the environment. The
project would reduce average annual cropland flood damages by $130,400
and road damages by $1,400 per year. Average annual loads of total
phosphorus transported out of the Shortfoot Creek watershed would be
reduced by 3,997 lbs. and total nitrogen would be reduced by 19,863
lbs. Restoration of natural riverine conditions and vegetation on 2.6-
miles of Shortfoot Creek and its adjacent floodplain will improve
wildlife habitat. Construction of embankments will cause a loss of 4.1
acres of existing wetlands. The project would generate a net increase
of 354 acres of enhanced, restored, and constructed wetlands and 9
acres of uplands along 2.6-miles of restored creek for the benefit of
migratory birds and other wildlife species. Short term negative impacts
during construction are anticipated regarding traffic, dust,
vegetation, and noise.
Anticipated Permits and Authorizations
The following permits and other authorizations are anticipated to
be required:
<bullet> Clean Water Act (CWA) Section 404 permit. Implementation
of the proposed action would require a CWA section 404 permit from the
USACE, which is a cooperating federal agency on the planning effort.
Consultation is ongoing and no significant challenges are anticipated
given the overall environmental benefits of the project.
<bullet> CWA and National Pollutant Discharge Elimination System
(NPDES). The project would also require water quality certification
under section 401 of CWA and permitting under Section 402 of NPDES,
both of which would be issued by the North Dakota Department of
Environmental Quality, which is participating on the interagency team
for the watershed plan. Consultation is ongoing and no significant
challenges are anticipated given the overall environmental benefits of
the project.
<bullet> Permit To Construct or Modify a Dam. The project will
require authorization from ND DWR for construction of a dam. ND DWR is
participating on the interagency team for the watershed plan and has
also provided funding for the planning effort. No significant
challenges are anticipated given the project is being designed to meet
State of North Dakota dam safety standards.
<bullet> Water Appropriation Permit. The project may require a
conditional water use permit from ND DWR for construction of a dam that
will temporarily retain water during flood events. ND DWR is
participating on the interagency team for the watershed plan and has
also provided funding for the planning effort.
<bullet> Floodplain Permit. The project will require a floodplain
development permit from Sargent County. Sargent County is participating
on the interagency team for the watershed plan and no significant
challenges are expected given the beneficial flood damage reduction
effects of the project.
<bullet> NHPA Section 106. Consultation with Tribal Nations and the
North Dakota State Historical Society are ongoing, as required by NHPA.
The NRCS Class III Cultural Resources report recommendation for the
alternative is ``No Historic Properties Affected.'' To date no concerns
have been raised by any entities, however consultation under NHPA is
ongoing.
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 the regulations in 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 NRCS
is Dan Hovland, North Dakota State Conservationist.
Public Scoping Process
Public scoping meetings will be held to further develop the scope
of the DEIS. An initial scoping meeting was held on June 15, 2016, at
the Sargent County Courthouse in Forman, ND. An additional public
scoping meeting was held March 27, 2025, Sargent County Courthouse (2nd
floor), 355 Main Street South. The meeting was both in-person and may
be accessed virtually at <a href="https://tinyurl.com/Shortfoot-Creek-Dam-Meeting">https://tinyurl.com/Shortfoot-Creek-Dam-Meeting</a>. A recording of the meeting may be accessed at: <a href="https://www.nrcs.usda.gov/conservation-basics/conservation-by-state/north-dakota/shortfoot-creek-watershed-plan">https://www.nrcs.usda.gov/conservation-basics/conservation-by-state/north-dakota/shortfoot-creek-watershed-plan</a>.
NRCS will coordinate the scoping process as provided in 36 CFR
800.2(d)(3) and 800.8 (54 U.S.C. 306108) to help fulfill the NHPA
review process, as amended. The USACE and USFWS have declined to
participate in the NRCS led NHPA process and instead intend to use
their agency specific NHPA processes.
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
Shortfoot Creek Watershed and the Red River Basin to provide comments
concerning the scope of the analysis and identification of potential
alternatives, information, and analyses relevant to the Proposed
Action.
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.
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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 (7 CFR part 650).
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 Program
The title and number of the Federal Assistance Programs, 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 program 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, 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-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-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: (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#99e9ebf6feebf8f4b7f0f7edf8f2fcd9eceafdf8b7fef6ef"><span class="__cf_email__" data-cfemail="1f6f6d70786d7e723176716b7e747a5f6a6c7b7e31787069">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Daniel Hovland,
North Dakota State Conservationist, Natural Resources Conservation
Service.
[FR Doc. 2025-11671 Filed 6-24-25; 8:45 am]
BILLING CODE 3410-16-P
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