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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 [www.gpo.gov]
[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: [email protected]. 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: https://www.wfkandccwatersheds.com/2023. 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 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

[[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: 
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. 2024-26636 Filed 11-14-24; 8:45 am]
BILLING CODE 3410-16-P
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