[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59865-59868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18688]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2023-0011]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Lower Little Tallapoosa River Watershed Carroll County, Georgia

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) Georgia 
State Office, announces its intent to prepare a watershed plan and EIS 
for the Lower Little Tallapoosa River 25A (also commonly known as 
Indian River), located in Carroll County on Indian Creek approximately 
5 miles upstream of its confluence with Turkey Creek and approximately 
14 miles northwest of Carrollton in the proximity of Bowdon, Georgia. 
The proposed watershed plan will examine alternative solutions to flood 
prevention and agricultural water management measures for the Carroll 
County Water Authority (CCWA) service area. NRCS is requesting comments 
to identify significant issues, potential alternatives, information, 
and analysis relevant to the proposed action from all interested 
individuals, Federal and State, agencies, and Tribes.

DATES: We will consider comments that we receive by October 16, 2023. 
Comments received after close of the

[[Page 59866]]

comment period will be considered 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 http://www.regulations.gov and search for docket ID NRCS-2023-0011. Follow the 
online instructions for submitting comments; or
    <bullet> Mail or Hand Delivery: J. Tyler Coats, P.E., Associate, 
Schnabel Engineering, LLC, 6445 Shiloh Road, Suite A, Alpharetta, GA 
30005. In your comment, specify the docket ID NRCS-2023-0011.
    All comments received will be posted without change and made 
publicly available on www.regulation.gov.

FOR FURTHER INFORMATION CONTACT: Diane A. Guthrie; telephone: (706) 
546-2310; email: <a href="/cdn-cgi/l/email-protection#0b6f626a656e256c7e7f6379626e4b7e786f6a256c647d"><span class="__cf_email__" data-cfemail="1b7f727a757e357c6e6f7369727e5b6e687f7a357c746d">[email protected]</span></a>; or Andrea P. Gray: telephone 
(678) 364-2384; email: <a href="/cdn-cgi/l/email-protection#a2c3ccc6d0c7c3e2c3ccc6d0c7c3d2c5d0c3db8cc1cdcf"><span class="__cf_email__" data-cfemail="aecfc0cadccbcfeecfc0cadccbcfdec9dccfd780cdc1c3">[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 flood 
protection and damage reduction to meet current and future water 
demands in CCWA's service area and a rural water supply for 180,000 
acres, providing 15,662 acre-feet of surface water. 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 dominant land use of the watershed for the CCWA structure was 
historically a combination of agriculture and woodlands which generally 
remains unchanged today after more than 50 years, although some 
development has occurred downstream of the structure. The proposed 
Lower Little Tallapoosa River 25A project will address evaluating 
alternatives that will maintain or improve the currently provided level 
of flood protection and increase and maintain safe and reliable 
supplies of water for agriculture management and the local community. 
It will also increase water conservation and improve water delivery 
efficiency in the Lower Little Tallapoosa Watershed, which has been in 
use for nearly 50 years.
    Development within the downstream breach zone has resulted in a 
change in classification for the Lower Little Tallapoosa River 25A to a 
high hazard structure. Due to changes in evaluation criteria, the dam 
does not meet current safety and performance standards for the 
integrity, stability, or capacity of a high hazard structure. 
Additionally, the current watershed structure will reach the end of its 
original 50-year design life in 2024 and needs to be brought into 
compliance with modern dam safety criteria including the regulations 
under the Georgia Rules for Safe Dams and NRCS TR-60 design criteria.
    To meet the purpose of flood protection for the Lower Little 
Tallapoosa Watershed, the existing structures will be replaced with a 
new multipurpose structure to provide flood control and agriculture 
water management. A Draft Supplemental Watershed Plan and Environmental 
Assessment (EA) was prepared in 2021, which investigated and studied 
possible solutions to address flood protection and agricultural water 
management in the Lower Little Tallapoosa Watershed. As a result of the 
new information obtained during the EA process, the level of analysis 
this watershed project requires is more extensive than initially 
anticipated. 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 7 CFR 650.7(a)(2), an EIS is required for projects requiring 
congressional approval.

Preliminary Proposed Action and Alternatives

    The objective of the EIS is to formulate and evaluate alternatives 
for flood prevention and agricultural water management in the Carroll 
County Water Authority service area. The EIS is expected to evaluate 
two alternatives: one action alternative and one no action alternative. 
The alternatives that may be considered for detailed analysis include:
    Alternative 1--Proposed Action--Construction of a new watershed 
dam: The Lower Little Tallapoosa Watershed Structure No. 25A will be 
replaced with a new multipurpose structure to maintain or improve the 
currently provided levels of flood control and provide agricultural 
water management. This alternative would construct a new earthen 
embankment with a maximum height of approximately 120 ft. The reservoir 
area at normal pool will be 401 acres with a total storage volume of 
5.1 billion gallons (at the top of dam). The structure will supply up 
to 6 million gallons per day (MGD) of raw water to the Carroll County 
Water Authority's service area. Inflows to the dam and reservoir will 
be supplemented by pumping water from the Little Tallapoosa River. 
Water will be withdrawn from the Little Tallapoosa River (in compliance 
with the CCWA withdrawal permits) 0.5 miles downstream of its crossing 
at Reavesville Road and pumped to the reservoir via a raw water 
pipeline. The pipeline goes over approximately 9 miles primarily along 
road right of ways to the reservoir. Raw water will be pumped to a new 
water treatment plant adjacent to the reservoir.
    Alternative 2--No Action: Taking no action would consist of 
measures carried out if no Federal action or funding were provided. If 
the existing structure continues to operate in its current condition, 
it would be limited in its withdrawal capacity and will not be capable 
of meeting the average daily water supply demand for the CCWA's service 
area. The dam and spillway do not meet current requirements for high 
hazard potential dams, and as such pose a threat to downstream life and 
property if a significant hydrologic event occurs. The current 
auxiliary spillway does not meet the current criteria for capacity and 
does not have the required erosion resistance and integrity and could 
experience significant damage or failure and breach in a storm event. 
The No Action Alternative will not meet the Lower Little Tallapoosa 
River 25A project's purpose and will serve as the baseline for 
comparison with the action alternatives.

Summary of Expected Impacts

    As mentioned above, the estimated Federal contribution to 
construction cost will exceed $25 million. This 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. CCWA and NRCS 
evaluated the current Lower Little Tallapoosa Watershed Structure No. 
25A infrastructure along with relevant resource concerns for each 
proposed solution.
    Environmental resources in the Lower Little Tallapoosa River 25A 
project area consist of the natural and human-made environment. 
Resource concerns to be

[[Page 59867]]

identified and addressed in the Watershed Plan-EIS include Cultural and 
Historic Resources; Land Resources and Prime Farmland; Geology and 
Soils; Public Safety; Socioeconomics and Environmental Justice; Water 
Resources; Vegetation and Invasive and Non-native Plant Species; 
Wetlands and Riparian Areas; Fish and Wildlife and Fish Habitat; and 
Special Status Species and Migratory Bird Treaty Act Species.

Anticipated Permits and Authorizations

    The following permits and authorizations are anticipated to be 
required:
    <bullet> Clean Water Act (CWA) Section 404 Permit. Implementation 
of the proposed Federal action would require a CWA section 404 permit 
from the U.S. Army Corps of Engineers. CCWA received a section 404 
permit for the construction of the Indian Creek Reservoir on June 17, 
2021.
    <bullet> CWA Section 401 Permit. The Lower Little Tallapoosa River 
25A project would also require water quality certification under CWA 
section 401 and permitting under CWA section 402 (National Pollutant 
Discharge Elimination System Permit). CCWA received a section 401 
certification on August 5, 2020.
    <bullet> Dam Safety and Floodplain Permit. Local dam safety and 
floodplain permits will be required for construction and operation of 
the dam.
    <bullet> Surface Water Withdrawal Permit. CCWA received the 
required surface water withdrawal permits on November 2, 2021.
    <bullet> Georgia Department of Transportation Right of Way 
Encroachment Permit. The proposed action will require a raw water 
pipeline that may impact State Highway 100 and 166.
    <bullet> NHPA Section 106 consultation. Consultation with the 
Georgia Historic Preservation Division, Tribal Nations, and interested 
parties will be conducted as required by the National Historic 
Preservation Act of 1966 (as amended) (16 U.S.C. 470f).

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 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 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 
Georgie NRCS State Conservationist.

Public Scoping Process

    CCWA held 7 public meetings between 2007 and 2017 as part of the EA 
process for its section 404 permit and 5 additional meetings with NRCS 
as part of the scoping process on May 23, 2018; July 16, 2018; March 
28, 2019; August 1, 2019, and January 13, 2023. An additional public 
scoping meeting was held on May 1, 2023. Comments received, including 
the names and addresses of those who comment, will be part of the 
public record. Comments submitted anonymously will be accepted and 
considered. Scoping meeting presentation materials are available on the 
watershed project website: www.indiancreekreservoir.com. The date, 
time, and location for any future meetings will be announced on the 
Lower Little Tallapoosa River 25A project website.
    Federal, State, Tribal, local agencies and representatives, and the 
public were invited to take part in this watershed plan scoping period 
through which coordination, sought input on issues of economic, 
environmental, cultural, and social importance in the watershed. CCWA 
and NRCS organized the public scoping meeting to provide an opportunity 
to review and evaluate the Lower Little Tallapoosa River 25A project 
alternatives, express concern or support, and gain further information 
regarding the Lower Little Tallapoosa River 25A project. To determine 
the most viable alternatives to carry forward to the EIS, CCWA 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 
that have special expertise, legal jurisdiction, or interest in the 
Lower Little Tallapoosa River 25A project to provide comments 
concerning the scope of the analysis and identification of potential 
alternatives, information, and analyses relevant to the Proposed Action 
in writing.
    NRCS will coordinate the scoping process to correspond with any 
required NHPA processes, as allowed 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 Lower Little 
Tallapoosa River 25A 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 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 pursuant to the NEPA regulations 
regarding publication of a 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 https://sam.gov/content/assistance-listings.
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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 Lower Little Tallapoosa River 25A 
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,

[[Page 59868]]

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 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: 
https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint 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 to: U.S. Department of 
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 
Independence Avenue SW, Washington, DC 20250-9410 or email: 
<a href="/cdn-cgi/l/email-protection#6e212f2d2e1b1d0a0f40090118"><span class="__cf_email__" data-cfemail="2c636d6f6c595f484d024b435a">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

Terrance Rudolph,
Georgia State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2023-18688 Filed 8-29-23; 8:45 am]
BILLING CODE 3410-16-P


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