[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20811-20813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07573]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2022-0001]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Etowah River Watershed, Dawson 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 an EIS for the Etowah 
River Watershed Project in the proximity of Dawsonville, Georgia. The 
EIS process will examine flood prevention and agricultural water 
management measures and evaluate additional (new) alternative solutions 
identified during scoping. 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 May 9, 2022. 
Comments received later 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-2022-0001. Follow the 
online instructions for submitting comments; or
    <bullet> Mail or Hand Delivery: Gregg Hudock, P.E., Principal, 
Practice Leader and Group Leader, Golder Associates, Inc., 5170 
Peachtree Road, Building 100, Suite 300, Atlanta, GA, USA, 30341. 
Please specify the docket ID NRCS-2022-0001.
    All comments received will be posted without change and made 
publicly available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Diane A. Guthrie, P.E.; telephone: 
(706)-546-2310; email: <a href="/cdn-cgi/l/email-protection#3a5e535b545f145d4f4e5248535f7a4f495e5b145d554c"><span class="__cf_email__" data-cfemail="402429212e256e2735342832292500353324216e272f36">[email protected]</span></a>. In addition, for 
questions related to submitting comments contact Golder Associates, 
Inc.: Gregg Hudock, P.E. at (770)-496-1893, Fax (770) 934-9476, 
<a href="/cdn-cgi/l/email-protection#c98ebbacaeae9681bcada6aaa289aea6a5adacbbe7aaa6a4"><span class="__cf_email__" data-cfemail="175065727070485f627378747c5770787b7372653974787a">[email protected]</span></a>. Persons with disabilities who require 
alternative means for communication should contact the U.S. Department 
of Agriculture (USDA) Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION: 

Purpose and Need

    NRCS is evaluating alternatives that will prevent or reduce 
flooding and increase and maintain safe and reliable supplies of water 
for the local community while increasing water conservation and 
improving water delivery efficiency in the Etowah River Watershed. The 
primary purpose underlying watershed planning and the proposed action 
is to:
    (a) Provide flood protection to reduce floodwater damages for crops 
and pasture, fences, farmsteads, machinery, buildings, livestock, 
county and township roads and bridges, and urban areas in Dawsonville; 
and
    (b) Provide a rural water supply to meet current and future water 
demands by increasing and maintaining safe and reliable supplies of 
water for the local rural community, increasing water conservation, and 
improving water delivery efficiency in the Etowah River Watershed for 
Dawson County, Georgia.
    This proposed action is authorized under the Watershed Prevention 
and Flood Protection Act of 1954. The action is needed to provide flood 
damage protection due to the existing aging Etowah River Watershed Dam 
No. 13 and to provide agricultural and rural water management ensuring 
a safe and reliable water supply that meets current and future water 
demands. The current watershed structure has reached the end of its 
original 50-year design life and needs to be brought into compliance 
with modern dam safety criteria. The existing Etowah River Watershed 
Dam No. 13 is not in compliance with the Georgia Rules for Dam Safety 
and the NRCS TR-60 design criteria. Through hydraulic modeling, it was 
determined the auxiliary spillway is likely to breach

[[Page 20812]]

during storms categorized as 500-year storm or Probable Maximum 
Precipitation (PMP) storm events. Model analysis has also determined 
that the dam will be overtopped and will likely breach during storms 
that are as low as \1/2\ PMP storm events.

Preliminary Proposed Action and Alternatives

    NRCS initiated the National Environmental Policy Act of 1969 (NEPA) 
process with the preparation of an Environmental Assessment (EA) for 
the same action, engaged in several public scoping meetings, conducted 
scoping processes with Federal, State, and local agencies to identify 
any significant issues which may be related to the proposed action, and 
completed a Draft EA. NRCS analyzed multiple conceptual alternatives 
during the environmental evaluation and scoping process. As a result of 
this early analysis, several alternatives were eliminated from further 
consideration. A determination was made that an EIS was necessary due 
to the volume of water retained by the proposed reservoir. One action 
alternative was carried forward in the EIS, the proposal to construct a 
new dam in place of the existing watershed structure.
    This EIS will be prepared as required by section 102(2)(C) of NEPA; 
the Council on Environmental Quality regulations (40 CFR parts 1500-
1508); and NRCS regulations that implement NEPA in 7 CFR part 650, CFR 
622, and National Environmental Compliance Handbook (NECH 610). 
Evaluation of potential environmental impacts associated with federal 
projects and actions is required.
    NRCS is considering providing technical assistance and financial 
support for the implementation of the proposed action. Technical and 
financial assistance for the proposed project would be funded through 
the NRCS Watershed Protection and Flood Prevention Program.
    1. Alternative 1--Proposed Action: Construction of a new watershed 
dam. The NRCS Etowah River Watershed Dam No. 13 Structure will be 
replaced with a new multipurpose structure to provide flood control and 
agricultural water management. The new dam will be an earthen 
embankment with a height of approximately 110 ft. The reservoir area at 
normal pool will be 132 acres with a total storage volume of 6,338 
acre-feet (at the top of dam). The flood-pool volume is 704 acre-feet, 
and the surcharge volume is 1,702 acre-feet. The structure will provide 
up to 14.3 million gallons per day (MGD, peak monthly demand) of raw 
water supply for the Etowah Water & Sewer Authority (EWSA).
    The structure will be a pump storage reservoir from the Etowah 
River. Water will be withdrawn from the Etowah River (in compliance 
with the EWSA withdrawal permits) at the Hightower Water Plant and 
pumped to the reservoir via a 30-inch raw water pipeline. The pipeline 
traverses approximately 2.7 miles along the floodplain of the Etowah 
River and Russell Creek to the reservoir. Raw water will be released 
from the reservoir to the Hightower Water Plant using the same raw 
water pipeline during periods of low flow in the Etowah River when the 
EWSA cannot meet their water needs solely from the Etowah River.
    2. Alternative 2--No action. Taking no action would consist of 
measures carried out if no federal action or funding were provided. The 
Dam No.13 Structure would not be replaced with a new multipurpose 
structure to provide flood control and agricultural water management. 
The existing structure would continue to operate in its current 
condition, dam safety concerns would not be addressed, a rural water 
supply to meet current and future water demands would not be available 
for the local rural community, and flood damage protection would not be 
provided. Ongoing maintenance activities would be required to keep the 
current structure operable, providing limited flood protection.

Summary of Expected Impacts

    The decision to prepare the Watershed Plan EIS was based upon the 
volume of water retained by the proposed reservoir. Early agency 
scoping of this federally assisted action indicated that proposed 
alternatives may have significant local, regional, or national impacts 
on the environment due to the retained volume of water. The watershed 
planning under the EIS will evaluate the effectiveness of proposed 
adjustments and the bio-physical and socio-economic impacts to the 
Etowah River Watershed Dam No. 13.
    Potential impacts include wetland and flood plain alteration; 
mitigation for the loss of 5.52 acres of wetlands and 24,550 linear 
feet of streams will include the purchase of 42.6 wetland credits and 
122,318 stream credits from approved compensatory mitigation banks 
servicing the project site. The purchase of mitigation bank credits is 
an appropriate method to offset temporal and functional losses 
associated with project implementation; these actions provide valuable 
contributions to the protection of water quality, as well as provide 
protection for valuable fish and wildlife habitat in perpetuity.
    In addition, conservation measures will be implemented to avoid and 
minimize environmental impacts by implementing best management 
practices and requiring a 150-foot buffer around the reservoir and on 
each side of 9,500 feet of Russell Creek above the reservoir. 
Monitoring of the project during and after construction, including 
sequencing construction activities to protect spawning periods for 
listed fishes and implementing operational procedures, will ensure 
survival of local warm water species of fish.

Anticipated Permits and Authorizations

    The following permits and other authorizations are anticipated to 
be required:
    <bullet> CWA Section 404 permit. Implementation of the proposed 
federal action would require a Clean Water Act (CWA) Section 404 permit 
from the U.S. Army Corps of Engineers. Permitting with the U.S. Army 
Corps of Engineers regarding potential wetland impacts is ongoing and 
will be finalized prior to final design and construction.
    <bullet> CWA Section 401 permit. The project would also require 
water quality certification under Section 401 of the CWA and permitting 
under Section 402 of the CWA (National Pollutant Discharge Elimination 
System Permit).
    <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. Permit No. 042-1415-02 
received.
    <bullet> Stream Buffer Variance. Variance will be obtained from the 
Georgia Environmental Protection Division for reservoir clearing work.
    <bullet> Georgia Department of Transportation Right of Way 
Encroachment Permit. Project will require a raw water pipeline to be 
installed under State Highway 53 by jacking and boring construction 
methods.
    <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).
    <bullet> Endangered Species Act, Section 7 Consultation. Compliance 
documented via consultation with US Fish and Wildlife Service and 
Georgia Wildlife Resources Division.

[[Page 20813]]

Schedule of the Decision-Making Process

    A draft EIS will be prepared and circulated for review and comment 
by agencies and the public as required by 40 CFR 1503.1, 1502.20, 
1506.11, 1502.17, and 7 CFR 650.13. The draft EIS will be complete and 
available for public review within 14 months of publication of this 
NOI. Once the draft EIS is completed, a Notice of Availability (NOA) 
will be published in the Federal Register and a public review period of 
45 days will be provided. Comments on the Draft EIS will be addressed 
in the Final EIS. A NOA will be published in the Federal Register 
concerning the availability of the Final EIS and a Draft Record of 
Decision (ROD). A 30-day review period from the day the NOA is 
published in the Federal Register will be provided. Afterwards, the 
final ROD will be signed by the decision maker and responsible federal 
official for the project, the NRCS Georgia State Conservationist, Mr. 
Terrance O. Rudolph.

Public Scoping Process

    Three public scoping meetings were held during which NRCS presented 
the project and provided the opportunity for the public to ask 
questions and have input to the scope of the draft EA. The public 
scoping meetings were held on April 11, 2019, May 9, 2019, and June 27, 
2019, at the Etowah Water and Sewer Authority in Dawsonville, GA. All 
interested parties and groups were invited. In addition, the public 
meetings were advertised in the local newspaper and notices posted on 
the EWSA website. Project team members were available for individual 
questions and discussions. Comments received, including the names and 
addresses of those who commented, will be part of the public record. In 
addition, Federal, State, and local governments provided input during 
the preparation of the Draft EA. Once the Draft EIS is published in the 
Federal Register, an additional scoping meeting will be held within 4 
weeks of publication; meeting details will be published in the local 
paper, the website for the EWSA, and the NRCS-GA website.

Request for Identification of Potential Alternatives, Information, and 
Analyses

    NRCS invites agencies and individuals who have special expertise, 
legal jurisdiction, or interest in the Etowah River Watershed to 
provide comments concerning the scope of the analysis and 
identification of relevant information and studies. All interested 
parties are invited to provide input related to the identification of 
potential alternatives, information, and analyses relevant to the 
Proposed Action in writing or during the public scoping meeting.

Authorities

    This document is published pursuant to the National Environmental 
Policy Act (NEPA) regulations regarding publication of a notice of 
intent to issue an environmental impact statement (40 CFR 1501.9(d)). 
This EIS will be prepared to evaluate potential environmental impacts 
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. Watershed planning is authorized under the Watershed 
Protection and Flood Prevention Act of 1954, as amended, (Pub. L. 83-
566) and the Flood Control Act of 1944 (Pub. L. 78-534). Also, the 
number and title of the Federal assistance program in the Catalog of 
Federal Domestic Assistance to which this NOI applies is 10.904-
Watershed Protection and Flood Prevention.

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.
    Persons with disabilities 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 
TTY) or (844) 433-2774 (toll-free nationwide). 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#7d323c3e3d080e191c531a120b"><span class="__cf_email__" data-cfemail="9bd4dad8dbeee8fffab5fcf4ed">[email protected]</span></a>.
    USDA is an equal opportunity provider, employer, and lender.

Terrance O. Rudolph,
Georgia State Conservationist, Natural Resources Conservation Service.
[FR Doc. 2022-07573 Filed 4-7-22; 8:45 am]
BILLING CODE 3410-16-P


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