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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89585-89587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26266]

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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

Environmental Impact Statement; Coon Creek Watershed

AGENCY: Natural Resources Conservation Service, 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 Coon Creek Watershed prepared in 
partnership with La Crosse, Monroe, and Vernon Counties, Wisconsin 
(Sponsors). This notice announces the plan to proceed with the 
implementation of Alternative 2--Proposed Action--Decommission Dams, 
identified in the Plan-PEIS. Alternative 2 proposes to decommission all 
14 dams by excavating a notch to pass the 100-year flood without 
impounding water. 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: [email protected]. 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:

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 14 flood control 
dams. 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: https://www.wfkandccwatersheds.com/2023.
    NRCS has decided to assist the Sponsors with implementing 
Alternative 2 which proposes to decommission all 14 dams in the 
watershed.

Background

    The Coon Creek Watershed has an area of 90,601 acres (141.6 square 
miles) to the confluence with the Mississippi River. The focused 
planning area for the Plan-PEIS is 68,762 acres (107.4 square miles). 
The Plan-PEIS is follows an original Watershed Work Plan developed in 
1958 to reduce flood damages in the Coon Creek valley under the 
Watershed Protection and Flood Prevention Act of 1954, as amended.
    The major problems in the watershed in 1958 were floodwater damages 
to: crops and pasture, fences, farmsteads, machinery, buildings, 
livestock, county and township roads and bridges, and urban areas of 
Coon Valley and Chaseburg. Project measures implemented under the 
original Watershed Work Plan included 14 flood control dams installed 
between 1961 and 1964 with a total capacity of 1,160 acre-feet to 
regulate flood flows from 21 square miles, or 27 percent of the 
watershed above the village of Coon Valley. Project measures also 
included a multitude of land treatment practices to reduce erosion and 
sedimentation behind the dams. The dams have now completed their 
Federal interest or original economic evaluation period of 50 years.
    On the night of August 27, 2018, seven watershed dams over-topped 
and three dams failed including the Luckasson Dam (CC 21); Blihovde Dam 
(CC23); Korn Dam (CC 29). 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 2 miles. 
Barns and outbuildings were destroyed. An unoccupied house was moved 
off its foundation. Agricultural lands and road crossings were damaged. 
Engineering investigations concluded that flow through the jointed 
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 
11 dams.

Environmental Review

    The ROD summarizes the findings of the Plan-PEIS and provides the 
basis for a decision to decommission 14 flood control dams in the Coon 
Creek watershed. 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

[[Page 89586]]

of the 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 for 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 included the substitution 
of large watershed dams 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.
    Two of nine alternatives were provided for detailed study and 
comparative analysis: No action and Decommission dams. 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 Monroe County, as the owner, to 
repair or remove the two failed dams; similarly, they would likely 
order the repair or removal of the seven remaining dams if they fail in 
the future. The Decommission Dams alternative proposes to decommission 
all nine dams to prevent future dam failures and potential loss of life 
and property damage.

Factors Considered in Making the Decision

    Geologic and geotechnical engineering investigations were conducted 
following the failures of CC 21, CC 23, and CC 29. 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, and 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. They have negative discounted net economic efficiency and 
very 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 preferred alternative is justified by the social (PAR 
and recreation) and environmental (stream restoration) accounting of 
the PR&G for Federal Investments in Water Resources.

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 PEIS on 
December 22, 2023, and published in the Federal Register (88 FR 88610), 
as identified by EIS number 20230180 in the Environmental Protection 
Agency's (EPA) Central Data 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 Coon Creek 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 PEIS. After considering a broad range of alternatives, the PEIS 
has found Alternative 2--Proposed Action--Decommission Dams, 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 2 to decommission all 14 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 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 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 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 (both voice and text telephone 
users can initiate this call from any phone). Additionally, program 
information may

[[Page 89587]]

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: (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: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Joseph Schmelz,
Acting Wisconsin State Conservationist, Natural Resources Conservation 
Service.
[FR Doc. 2024-26266 Filed 11-12-24; 8:45 am]
BILLING CODE 3410-16-P
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