Billing Code: 3410-16-P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
[Docket No. NRCS-2024-0010]
Notice of Intent to Prepare an Environmental Impact Statement for the Elm and
Turkey Creeks Watershed Project in Buffalo and Dawson Counties, Nebraska
AGENCY: Natural Resources Conservation Service, USDA.
ACTION: Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS).
SUMMARY: The Natural Resources Conservation Service (NRCS) Nebraska State
Office announces its intent to prepare an EIS that will examine alternative solutions to
flood risk reduction for the Elm and Turkey Creeks Project watershed plan for these
watersheds near Kearney, Nebraska. The Elm Creek and Turkey Creek Watersheds face
recurring flooding issues due to limited channel capacity and frequent overland flooding.
A catastrophic 2019 flood caused significant damage to properties and infrastructure,
with estimated losses exceeding $35 million in the Kearney area. The watershed’s rural
economy relies on agriculture, and addressing these challenges is crucial for managing
flood impacts and protecting lives and property. 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 [INSERT DATE 30 DAYS
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. We will
consider comments received after close of the comment period 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:
•

Federal eRulemaking Portal: Go to http://www.regulations.gov and
search for docket ID NRCS-2024-0010. Follow the online instructions for
submitting comments; or

•

Mail or Hand Delivery: Melissa Baier, Assistant State ConservationistWater Resources and Easements, 100 Centennial Mall North, Room 343,
Lincoln Nebraska 68508. In your comments, specify the docket ID
NRCS-2024-0010.

All comments received will be posted without change and made publicly
available on www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Melissa Baier, telephone: (402)
437‒4065; email: Melissa.Baier@usda.gov. In addition, for questions related to
submitting comments via Watershed Project Coordinator: Nicole Zimmerman at (402)
437‒4031; email: Nicole.zimmerman@usda.gov, or the project website at:
https://storymaps.arcgis.com/stories/5a104fadbc674bda9d8f85d9c1458582.
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 prevention for both
communities and agricultural lands in the Elm Creek and Turkey Creek Watersheds
located in the jurisdiction of the Central Platte Natural Resources District (CPNRD)
across Dawson and Buffalo Counties in Nebraska. The watershed is primarily used for
agriculture, with 47 percent allocated to pasture and 42 percent to row crops. Agriculture
sales in Buffalo and Dawson Counties accounted for approximately 5 percent of
Nebraska’s total of $ 29.4 billion in 2022. 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 project is essential to create and protect wildlife habitats, contributing to
biodiversity and maintaining ecological balance. By effectively managing water
resources, CPNRD plays a crucial role in reducing flood risks and safeguarding lives and
property. The requirements of CPNRD for watershed projects include: having the power
of eminent domain, obtaining necessary permits and licenses, alternative financing,
securing land treatment agreements above reservoirs, encouraging public participation,
demonstrating financial commitment, implementing watershed management features, and
ensuring acceptable municipal and industrial water supply standards. These authorities
collectively contribute to effective watershed management and sustainable resource use.
This action is needed because areas of the Elm Creek and Turkey Creek
Watersheds are repeatedly subject to damaging overland and flash flooding, including
recent extensive flooding in 2019. The flood caused significant damage to properties and
infrastructure, with estimated losses exceeding $35 million in the Kearney area.

As a result of the new information obtained during the development of an
environmental assessment, the level of analysis is more extensive than anticipated during
the scoping held in 2021. The proposed action includes work to widen a stream channel
to increase capacity where significant wildlife habitat exists. In accordance with 7 CFR
650.7(a)(1), an EIS is required.
Preliminary Proposed Action and Alternatives, Including No Action
The EIS objective is to formulate and evaluate alternatives for the purpose of
reducing flood risk and damages to the community of Kearney, and the Elm Creek and
Turkey Creek Watershed project 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 – No Action Alternative: Taking no action would consist of
activities conducted if no federal action or funding were provided. If the
No Action Alternative is selected, there would be no implementation of
any flood damage reduction measures, and flood damages to communities
and agricultural lands would continue. The conditions of this alternative
were used as the baseline to evaluate the effectiveness of the other
alternatives in reducing flooding damages. No federal action or funding
would be associated with the No Action Alternative.

•

Alternative 2 – Proposed Action – Diversion Channels. This alternative
involves creating diversion channels to redirect floodwaters away from
Turkey Creek and toward the Platte River. Various potential locations for
these diversion channels were explored across the watershed. Based on
flood modeling, it was determined that one or more diversion channels
could effectively mitigate flooding in Kearney and protect the surrounding
agricultural areas. The public and landowners in the watershed also
expressed support for this diversion channel approach.

Summary of Expected Impacts
The proposed action includes widening a stream channel within critical habitat of
the whooping crane. Per 7 CFR 650.7(a)(1), an EIS is required for projects that include
stream channel realignment or work to modify channel capacity by deepening or
widening where significant aquatic or wildlife habitat exists. The NRCS Nebraska State
Conservationist, has determined that the preparation of an EIS is required for this
watershed project. The 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. CPNRD and NRCS evaluated the current conditions of
the Elm Creek and Turkey Creek watersheds, which have been repeatedly subjected to
flooding problems. The limited capacity of the channels is intensified by overflows from
the Kearney Canal entering Turkey Creek, adding further stress to the waterways. The
flat topography has led to frequent overland flooding from both Elm and Turkey Creeks,
resulting in repetitive flood damaged areas outside and within the Village of Elm Creek
and within the City of Kearney and surrounding areas along with relevant resource
concerns for each proposed solution. Environmental resources in the project area consist
of the natural and human-made environment. Resource concerns to be identified and
addressed in the Watershed Plan-EIS include critical habitat for the endangered
Whooping Crane (Grus americana), includes restored and federally protected roosting,
foraging, and wetland habitats along the Platte River bottom. Tableland and the
watershed falls into Biologically Unique Landscape, due to its potential for improved soil
health, agricultural productivity, increased wildlife habitat, improved water quality, and
reduced erosion and land loss indicating its unique ecological features. The EIS will
guide decision-making to ensure sustainable and responsible use of the watershed, to
protect the Whooping Crane, other wildlife, and the unique ecological features of the
area.
Anticipated Permits and Authorizations
The following permits and authorizations are anticipated to be required:
•

Federal Emergency Management Agency, Floodplain Development
permit. Implementation of the proposed action would require coordination
with the local floodplain administrator and may require a Floodplain
Development Permit to ensure all development and engineering
requirements for construction within the Special Flood Hazard Areas are
implemented.

•

Clean Water Act (CWA) and National Pollutant Discharge Elimination
System (NPDES). The project would require water quality certification
under section 401 of the CWA, permitting under section 402 of the
NPDES, and section 404 of the CWA for potential wetland impacts.

•

National Historic Preservation Act (NHPA) Section 106. Consultation
with Tribal Nations and interested parties would be conducted as required
by the NHPA.

•

Nationwide Permit 43 (Stormwater Management Facilities) was identified
as an appropriate permitting mechanism for this project.

•

Nebraska Department of Natural Resources Dam Safety Section to review
and approve applicable final engineering plans and provide a construction
permit prior to construction, if necessary.

•

Solid waste management and compliance, per the Nebraska Department of
Energy and Environment regulations in Nebraska title 128 and title 132,
must be followed during construction.

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 45 days as required by the
regulations in 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 5 months of
completion of the public comment period for the DEIS.
NRCS will decide whether to implement one of the action 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 NRCS is the Nebraska NRCS State Conservationist.
Public Scoping Process
A public scoping meeting was held on February 23, 2021. Comments received,
including the names and addresses of those who commented, were part of the public
record. Scoping meeting presentation materials were available for review and comment
for 30 days from February 23, 2021, through March 25, 2021. The date, time, and
location for a second meeting will be announced on the project website.
Federal, State, Tribal, local agencies and representatives, and the public were
invited to take part in the watershed plan scoping period. CPNRD and NRCS organized
the public scoping meeting to provide an opportunity to review and evaluate the project
alternatives, express concern, or support, and gain further information regarding the
project. To determine the most viable alternatives for the EIS, CPNRD 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.
NRCS will coordinate the scoping process to correspond with section 106 of the
National Historic Preservation Act (NHPA) (54 U.S.C. 306108) as allowed in 36 CFR
800.2(d)(3) and 800.8.
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 Elm and Turkey Creeks watersheds
to provide written comments concerning the scope of the analysis and identification of
potential alternatives, information, and analyses relevant to the Proposed Action.
The information about historic and cultural resources within the area potentially
affected by the proposed project will assist NRCS in identifying and evaluating impacts
to such resources in the context of both NEPA and NHPA.
NRCS will consult with applicable Native American tribes on a government-togovernment basis in accordance with the regulations in 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 as specified by the NEPA regulations regarding
publication of an 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 Listing1 to which this document applies is 10.904, Watershed Protection and
Flood Prevention.
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

See https://sam.gov/content/assistance-listings.

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 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: program.intake@usda.gov.
USDA is an equal opportunity provider, employer, and lender.
Robert D. Lawson,
Nebraska State Conservationist,
Natural Resources Conservation Service.
[FR Doc. 2024-13128 Filed: 6/13/2024 8:45 am; Publication Date: 6/14/2024]