[Federal Register: October 1, 2004 (Volume 69, Number 190)]
[Notices]
[Page 58879-58882]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc04-28]
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DEPARTMENT OF AGRICULTURE
Environmental Impact Statement on Watershed Planning and
Implementation of Resource Protection Measures for the Marmaton
Watershed Located in Allen, Bourbon, and Crawford Counties, KS
AGENCY: Natural Resources Conservation Service, USDA.
ACTION: Notice of intent (NOI).
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321 et seq.), the U.S. Department of Agriculture
(USDA), Natural Resources Conservation Service (NRCS), Kansas State
Office, announces its intention to prepare an environmental impact
statement (EIS) to evaluate the impacts of resource protection measures
that would be employed under potential alternatives within a watershed
plan in the Marmaton Watershed (located in Allen County, Bourbon County
and Crawford County, all in Kansas). A plan would be developed to
reduce risks to life and property caused by frequent flooding of
communities and agricultural lands, improve water quality, and address
watershed protection needs. The EIS will analyze the potential
environmental and socioeconomic impacts of alternatives in a watershed
plan, as identified in the watershed planning/NEPA process, including
any structural and non-structural measures that would address resource
concerns in the Marmaton Watershed.
The purpose of this notice is to request participation and invite
comments from all those individuals and organizations interested in the
development of the EIS.
Under a watershed plan, the NRCS would provide financial and
technical assistance to sponsoring local organizations, including the
Allen County Conservation District, the Bourbon County Conservation
District, the Crawford County Conservation District, and the Marmaton
Watershed District, for installation of structural and/or non-
structural measures to prevent flooding, improve water quality, and
protect the watershed throughout the described area. The EIS analysis
will incorporate mitigation measures the NRCS would use to minimize, to
the greatest extent practicable, any potential adverse environmental or
[[Page 58880]]
socioeconomic impacts. Such measures are authorized under the Watershed
Protection and Flood Prevention Act of 1954, Public Law 83-566 (P.L.-
566).
Public Participation: The NRCS invites full public participation to
promote open communication and better decision making. All persons and
organizations that have an interest in the Marmaton River and its
tributaries with flooding problems and natural resource issues within
the Marmaton Watershed as they affect Allen, Crawford, and Bourbon
Counties are urged to participate in the NEPA environmental analysis
process. Assistance will be provided as necessary to anyone having
difficulty in determining how to participate. A public participation
plan has been developed and will be followed.
Public comments are welcomed throughout the NEPA process.
Opportunities for public participation include: (1) The EIS scoping
period when comments on the NRCS proposal will be solicited through
various media and at a public meeting to be held in Uniontown, Kansas,
November 4, 2004; (2) the 45-day review and comment period for the
published Draft EIS; and (3) for 30 days after publication of the Final
EIS.
Scoping Process: Public participation is requested throughout the
scoping process. The NRCS is soliciting comments from the public
indicating what issues and impacts the public believes should be
encompassed within the scope of the EIS analysis, voicing any concerns
they might have about the identified resource protection measures, and
submitting any ideas they might have for addressing risks to life and
property in the Marmaton Watershed. Other opportunities for public
input include: (1) once the Notice of Availability (NOA) of the Draft
EIS is published in the Federal Register, comments will be accepted on
the Draft EIS for a period of not less than 45 days, and (2) once the
Final EIS is published in the Federal Register, comments will be
accepted for a period of not less than 30 days. The NRCS will provide a
written response to each comment provided and will evaluate the issues
presented for study and possible inclusion in the EIS. The public
participation plan describes responsibilities and outreach
opportunities in this process.
Date Scoping Comments are Due: Comments may be submitted by regular
mail, telephone, facsimile, or e-mail until 5 p.m. CST, November 19,
2004. Written comments submitted by regular mail should be postmarked
by November 19, 2004, to ensure full consideration. (Note: scoping
period will continue for a period of 45 calendar days after issuance
date of this NOI.) Comments postmarked after this date will be
considered to the extent practicable.
ADDRESSES: Comments on what the public wishes to be analyzed or
addressed within the Draft EIS should be mailed to: Dean Krehbiel,
Marmaton Watershed EIS, 760 South Broadway, Salina, Kansas 67401-4604.
Comments may also be submitted by calling (785) 823-4551, by
sending a facsimile to (785) 823-4540, or by e-mail to
dean.krehbiel@ks.usda.gov. Respondents should provide mailing address
information and indication of wanting to be included on the EIS mailing
list. All individuals on the mailing list will receive a copy of the
Draft EIS.
Scoping Meeting: A public scoping meeting will be held November 4,
2004, to provide information on the watershed and planning activities
performed to date, to give the opportunity to discuss the issues and
alternatives that should be covered in the Draft EIS, and to receive
oral and written comments. The meeting will be held from 1 p.m. to 3
p.m. at the Uniontown Community Center, Uniontown, Kansas.
FOR FURTHER INFORMATION CONTACT: An information package providing
additional details about the watershed and proposed project is
available upon request. Requests should be directed to the same mailing
address, telephone number, facsimile number, or e-mail address noted
above under ADDRESSES. The NRCS and the Marmaton Watershed District
plan to publish a newsletter to keep interested parties up to date on
the project. Requests to be included on the newsletter mailing list
should be made to the same addresses noted above; please include an e-
mail address if wanting electronic transmission. Information may also
be obtained from the Kansas NRCS Web site at: http://www.ks.nrcs.usda.gov
.
Responsible Official: Harold L. Klaege, State Conservationist,
NRCS, Salina, Kansas, is the responsible official for this action.
Decisions to be Made: The responsible NRCS official will decide
whether to approve an alternative action or no action.
SUPPLEMENTARY INFORMATION:
Background: The Marmaton River is a permanent stream within the
Marais de Cygnes river basin in eastern Kansas. The Marmaton River
flows eastwardly from its origins near Moran, Kansas, through the
community of Fort Scott, Kansas, to its confluence with Dry Wood Creek
near Deerfield, Missouri. The Marmaton Watershed encompasses 210,001
acres, which includes all of the Marmaton River drainage above the Mill
Creek confluence near Fort Scott, Kansas. This drainage area lies
within the Cherokee Prairies and the Scarped Osage Plains land resource
areas. This area consists of slightly dissected plains interrupted by a
series of low ridges formed by east-facing escarpments ranging from 770
feet above mean sea level to 1,110 feet at its headwaters. Between the
escarpments are flat to rolling plains as a result of the differential
weathering of shale and limestone.
The major water resource problems in the Marmaton Watershed can be
summarized as serious flooding, water quality, and water quantity
conditions. Total annual rainfall in the watershed averages about 40
inches. Two years in 10 will have less than 31 inches or more than 46
inches. Frequent floods are common, occurring two and one-half to three
times per year. Major flood events in October 1986 and in October 1998
each caused damages in excess of $5.5 million. Included in these
damages are $2.3 million to agricultural land and buildings, rural
roads and bridges, and scour within the boundaries of the Marmaton
Watershed District. Outside the district boundaries, urban damages to
Fort Scott, Kansas, were in excess of $3.2 million from each flood.
Although Fort Scott has been re-zoned to reduce flood damages since the
1998 flood, flooding remains a concern to the citizens of that
community. Other concerns identified in planning include deterioration
of cropland soil quality, deterioration of grazing land condition and
productivity, degradation of riparian woodland and wetland, and
nutrient and pesticide management issues.
In 1992, sponsoring local organizations (Allen County Conservation
District, Bourbon County Conservation District, Crawford County
Conservation District, and the Marmaton Watershed District) requested
assistance from the NRCS in development of a Soil and Water Resources
Plan for the Marmaton Watershed, with major emphasis on providing flood
protection for agriculture, businesses, homes, and roads located along
the floodplain. A preliminary ecosystem-based resource plan
(preliminary watershed plan) developed in 1999, described existing
floodwater damages, additional resource concerns, and two alternatives
for addressing these concerns.
In 2004, NRCS representatives met with local sponsors and public
officials
[[Page 58881]]
to discuss planning efforts to detail a flood protection analysis,
watershed protection strategies, and water quality improvements. The
resource protection measures within the Draft EIS will include those
structures evaluated in the 1999 report that provided substantial flood
protection and also met applicable benefit-cost criteria, as well as
other non-structural alternatives that will address local
environmental, social, and economic needs.
P.L.-566 authorizes the NRCS to provide financial and technical
assistance to local sponsors to address local flooding problems and
implement watershed protection measures. Under the agency proposal for
the Marmaton Watershed, the NRCS would provide financial and technical
assistance to the sponsors to install measures that will address
resource concerns within the watershed. The sponsors would be
responsible for operation and maintenance of those works of
improvements.
Need for the Proposal: The proposal is needed to address the
problems associated with recurrent flooding, water quality, water
quantity, and other natural resources. Recurrent flooding due to
periodic intense rainstorm events within the Marmaton Watershed
continue to pose a hazard to human safety and cause extensive flood
damage to properties along the river.
Purpose of the Proposal: The purpose of the proposal is to assist
the local community in taking appropriate measures to assure public
safety and protect property in the face of the recurrent flooding
problems, improve water quality concerns, and address watershed
protection concerns within the watershed.
Preliminary Issues: Among the issues that the NRCS plans to
consider in the scope of the EIS analysis are:
Environmental, economic, and social impacts of the
alternatives.
Environmental issues dealing with water quality that might
be affected.
Environmental integrity of the any works of improvement.
Costs and benefits of the alternatives.
Preliminary Alternatives: The EIS will analyze the potential
environmental and socioeconomic impacts of a range of alternatives,
including structural and non-structural measures, for reducing risks to
life and property presented by Marmaton River flooding and other
watershed protection concerns. This analysis will be summarized in a
Draft EIS. The preliminary list of alternatives for the Draft EIS
includes: (1) Constructing 48 flood-retarding dams in the watershed;
(2) using non-structural flood protection measures to reduce the
potential for damage and address resource concerns; (3) using land
treatment measures to control flooding, reduce damages, and address
resource concerns; and (4) taking ``No Action''--making no improvements
for flood protection. The alternatives will be refined and
supplemented, as appropriate, based on input by the public and agencies
during the public scoping process.
Alternative 1--Evaluate Installation of 48 Flood-Retarding Structures
(FRS)
Under this alternative, the NRCS would evaluate the construction of
48 earthen dams on tributaries of the Marmaton River. The FRS would be
located throughout the watershed on intermittent streams.
Alternative 2--Employ Non-Structural Flood Protection Measures
Under this alternative, the NRCS would evaluate non-structural
measures that would reduce the potential for damage by controlling
flooding, protection or removal of affected structures, and addressing
watershed protection concerns.
Alternative 3--Employ Land Treatment Measures
Under this alternative, the NRCS will evaluate the effect of land
treatment on the watershed to determine what practices and management
will be needed to control flooding and address watershed protection
concerns.
Alternative 4--``No Action'' Alternative
Under this alternative, the NRCS would provide no financial or
technical assistance to sponsoring local organizations for flood
protection measures in the Marmaton Watershed. Federal agencies are
required to evaluate the impacts of a ``No Action'' alternative in
preparing an EIS, even though the alternative would not meet the
agency's purpose and need.
Permits or Licenses Required: Construction of flood retarding
structures is authorized under P.L.-566 administered by the NRCS. A
permit would be required from the U.S. Army Corps of Engineers under
the Clean Water Act (CWA), Section 404 for any project that would
impede the flow of waters of the United States or that would affect any
wetlands. A permit would be required from the State of Kansas, Division
of Water Resources, for any dam structures or structural works
installed in the flood plain. The State of Kansas, Department of Health
and Environment would require a Construction Stormwater Permit and
subsequent stormwater pollution prevention plan. A structural project
may also require a National Pollution and Discharge Elimination System
(NPDES) water quality certification by the State under CWA, Section
401, which could be issued in conjunction with the CWA 404 permit.
Approval from the State Historic Preservation Office would be required
if any National Register-eligible historic properties would be
affected. Consultation with the U.S. Fish and Wildlife Service would be
required if the proposal may affect any species listed as threatened or
endangered under the Endangered Species Act.
Estimated Dates for Draft EIS and Final EIS: The NRCS expects to
file the Draft EIS with the Environmental Protection Agency (EPA) and
to have it available for public review and comment during the fall or
winter of 2005-2006. At that time, EPA will publish a Notice of
Availability (NOA) of the Draft EIS in the Federal Register. The public
comment period on the Draft EIS will be a minimum of 45 days from the
date the EPA publishes the NOA.
The NRCS and the sponsors believe, at this early stage, it is
important to give reviewers notice of several court rulings related to
public participation in the environmental review process. First,
reviewers of the Draft EIS must structure their participation in the
environmental review of the proposal so that it is meaningful and
alerts an agency to the reviewer's position and concerns (Vermont
Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978)). In
addition, environmental objections that could be raised at the Draft
EIS stage, but are not raised until after completion of the Final EIS,
may be waived or dismissed by the courts (City of Angoon v. Hodel, 803
F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v.
Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980)). Because of these
court rulings, it is very important that those interested in this
project participate by the close of the Draft EIS review period, so
that substantive comments are made available to the NRCS at a time when
the comments can be meaningfully considered in the Final EIS.
To assist the NRCS and the sponsors in identifying and considering
issues and concerns on the proposed alternatives, comments on the Draft
EIS should be as specific as possible. It is also helpful if comments
refer to specific pages or chapters of the Draft EIS. Comments may also
address the adequacy of the Draft EIS or the merits of the alternatives
formulated and discussed in the Draft EIS. Reviewers may wish to refer
to the Council on
[[Page 58882]]
Environmental Quality Regulations for implementing the procedural
provisions of the National Environmental Policy Act at 40 CFR 153.3 in
addressing these points.
After the comment period on the Draft EIS ends, the comments will
be analyzed, considered, and responded to by the NRCS in preparing the
Final EIS. The Final EIS is scheduled for completion by the spring of
2006. The responsible officials will consider the comments, responses,
environmental consequences discussed in the Final EIS, and applicable
laws, regulations, and policies in making a decision regarding this
proposed action. The responsible officials will document the decisions
and reasons for the decisions in a Record of Decision. That decision
will be subject to appeal in accordance with 36 CFR part 215.
Dated: September 24, 2004.
Harold L. Klaege,
State Conservationist.
[FR Doc. 04-22029 Filed 9-30-04; 8:45 am]
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