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1 Version 8/08rev ENVIRONMENTAL ASSESSMENT WORKSHEET Note to preparers: This form and EAW Guidelines are available at the Environmental Quality Board’s website at: EQB Website: http://www.eqb.state.mn.us/EnvRevGuidanceDocuments.htm. The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects. The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared. The project proposer must supply any reasonably accessible data for but should not complete the final worksheet. The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation and the need for an EIS. 1. Project title: Fargo-Moorhead Flood Risk Management Project 2. Proposer: Flood Diversion Board of Authority Robert Zimmerman City Engineer City of Moorhead PO Box 779 Moorhead, MN 56561-0779 (218) 299-5393 [email protected] 3. RGU Stuart Arkley EIS Project Manager Minnesota DNR 500 Lafayette Road St. Paul, MN 55155 (651) 259-5089 [email protected] 4. Reason for EAW Preparation EIS Scoping Mandatory EAW Citizen Petition Proposer Volunteered If EAW or EIS is mandatory give EQB rule category subpart number and subpart name: Mandatory EIS 4410.4400, subpart 18, Construction of a Class I dam. The information contained in this Scoping Environmental Assessment Worksheet (EAW) is supplemented by the Final Feasibility Report and Environmental Impact Statement, Fargo-Moorhead Metropolitan Area Flood Risk Management, July 2011, U.S. Army Corps of Engineers (hereafter referred to as the FFREIS). 5. Project location The Fargo-Moorhead Flood Risk Management Project (Project) would be located in Cass County, North Dakota and Clay County, Minnesota with some impacts in Richland County, North Dakota and Wilkin County, Minnesota. See attached maps (Figures 1-4) for Project feature locations. The Project’s construction design features include, but are not limited to, a 30-mile long diversion channel, a 6-mile long connecting channel, 12 miles of tie-back embankments, 4 miles of overflow embankment, levee/floodwall features in Fargo, North Dakota and Moorhead, Minnesota. Operation of the constructed features would raise flood stages on approximately 33,000-acres within a 60-square mile (38,400-acre) staging area. The Project features and affected areas are located within the following townships:
Transcript

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Version 8/08rev

ENVIRONMENTAL ASSESSMENT WORKSHEET

Note to preparers: This form and EAW Guidelines are available at the Environmental Quality

Board’s website at: EQB Website: http://www.eqb.state.mn.us/EnvRevGuidanceDocuments.htm. The

Environmental Assessment Worksheet provides information about a project that may have the potential

for significant environmental effects. The EAW is prepared by the Responsible Governmental Unit or its

agents to determine whether an Environmental Impact Statement should be prepared. The project

proposer must supply any reasonably accessible data for — but should not complete — the final

worksheet. The complete question as well as the answer must be included if the EAW is prepared

electronically.

Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period

following notice of the EAW in the EQB Monitor. Comments should address the accuracy and

completeness of information, potential impacts that warrant further investigation and the need for an EIS.

1. Project title: Fargo-Moorhead Flood Risk Management Project

2. Proposer:

Flood Diversion Board of Authority

Robert Zimmerman

City Engineer

City of Moorhead

PO Box 779

Moorhead, MN 56561-0779

(218) 299-5393

[email protected]

3. RGU

Stuart Arkley

EIS Project Manager

Minnesota DNR

500 Lafayette Road

St. Paul, MN 55155

(651) 259-5089

[email protected]

4. Reason for EAW Preparation

☒EIS Scoping ☐Mandatory EAW ☐Citizen Petition ☐Proposer Volunteered

If EAW or EIS is mandatory give EQB rule category subpart number and

subpart name:

Mandatory EIS 4410.4400, subpart 18, Construction of a Class I dam. The information contained in this

Scoping Environmental Assessment Worksheet (EAW) is supplemented by the Final Feasibility Report

and Environmental Impact Statement, Fargo-Moorhead Metropolitan Area Flood Risk Management, July

2011, U.S. Army Corps of Engineers (hereafter referred to as the FFREIS).

5. Project location

The Fargo-Moorhead Flood Risk Management Project (Project) would be located in Cass County, North

Dakota and Clay County, Minnesota with some impacts in Richland County, North Dakota and Wilkin

County, Minnesota. See attached maps (Figures 1-4) for Project feature locations. The Project’s

construction design features include, but are not limited to, a 30-mile long diversion channel, a 6-mile

long connecting channel, 12 miles of tie-back embankments, 4 miles of overflow embankment,

levee/floodwall features in Fargo, North Dakota and Moorhead, Minnesota. Operation of the constructed

features would raise flood stages on approximately 33,000-acres within a 60-square mile (38,400-acre)

staging area. The Project features and affected areas are located within the following townships:

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State County City/Township

ND Richland Eagle

ND Richland Walcott

ND Cass Pleasant

ND Cass Stanley

ND Cass Warren

ND Cass Barnes

ND Cass Mapleton

ND Cass Reed

ND Cass Raymond

ND Cass Harwood

ND Cass Berlin

ND Cass Wiser

MN Wilkin Wolverton

MN Clay Holy Cross

MN Clay Kurtz

MN Clay Moorhead

MN Clay Oakport

GPS Coordinates N/A

Tax Parcel Number N/A

Attach each of the following to the EAW:

County map showing the general location of the project; See Figure 1

U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries

(photocopy acceptable); See Figure 2

Site plan showing all significant project and natural features. See Figure 3 and 4

List of Figures:

Figure 1 – Project Location Map

Figure 2 – USGS Quadrangle Map

Figure 3 – Project Plan

Figure 4 – Project Features at Staging Area

Figure 5 – Control Structure Concept Red and Wild Rice Rivers

Figure 6 – Maple River Hydraulic Structure Overflow

Figure 7 – Maple River Hydraulic Structure Concept

Figure 8 – 10% Event Staging Area Flood Outlines and Stage Hydrographs

Figure 9 – 5% Event Staging Area Flood Outlines and Stage Hydrographs

Figure 10 – 2% Event Staging Area Flood Outlines and Stage Hydrographs

Figure 11 – 1% Event Staging Area Flood Outlines and Stage Hydrographs

Figure 12 – In Town Levee Locations

6. Description

a. Provide a project summary of 50 words or less to be published in the EQB Monitor.

The Project would be located in the Fargo-Moorhead metropolitan area. It would include a diversion

channel, connecting channel, tie-back levee/dam embankments, river control structures on the Red and

Wild Rice (ND) Rivers, upstream floodwater staging area, levees and floodwalls, non-structural features,

recreational features and environmental mitigation.

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b. Give a complete description of the proposed project and related new construction. Attach

additional sheets as necessary. Emphasize construction, operation methods and features that will

cause physical manipulation of the environment or will produce wastes. Include modifications to

existing equipment or industrial processes and significant demolition, removal or remodeling of

existing structures. Indicate the timing and duration of construction activities.

This Project would be federally-sponsored and would be designed and constructed to Federal standards by

the U.S. Army Corps of Engineers (USACE). The Project would be owned and operated by a local

government unit or group of local government units anticipated to be under a joint powers agreement.

The Project consists of a diversion channel system including, but not limited to, excavated channels, a

channel inlet control structure, tie-back levee/dam embankments, river control structures on the Red and

Wild Rice (ND) Rivers, an upstream floodwater staging area (staging area), hydraulic structures on

tributaries, levees and floodwalls in the Fargo Moorhead metro area, non-structural features (such as buy-

out, relocation, or raising individual structures), recreation features (such as multipurpose trails), and

environmental mitigation projects located inside and outside the Project area.

When operated, the Project would divert a portion of the Red River flow upstream of the Fargo-Moorhead

Metropolitan Area (metropolitan area), intercept flow at the Wild Rice, Sheyenne, Maple, Lower Rush

and Rush Rivers, and return it to the Red River downstream of the metropolitan area. The Project would

minimize the need for emergency flood-fighting up to a 1-percent chance (100-year) flood event on the

Red River in the metropolitan area, and it would reduce 0.2-percent (500-year) flood stages to

approximately 40 feet on the U.S.G.S. Fargo gage. Subject to approvals and appropriation of funds,

construction could potentially begin in 2013. Construction is expected to take a minimum of 8.5 years, if

sufficient funding is appropriated.

The Project can be described as having the following two components within its geographical range: (1)

those areas that will be affected by construction of Project features; and (2) those areas that will be

affected by operation of the Project (e.g. staging area and areas that would be protected from flooding). A

brief explanation of the Project features (see Figures 3 and 4 for locations) is provided below. Additional

information will be provided in the Environmental Impact Statement (EIS).

Diversion Channel – This is a 30-mile long channel that would be located west of the metropolitan area.

(A separate 6-mile long connecting channel from the Red River to the diversion inlet control structure is

described further below.) The diversion channel would extend from the inlet control structure near Cass

County Road 17, just southeast of Horace, ND, downstream to its outlet near Georgetown, Minnesota.

The path of the diversion would take it west of Horace, West Fargo, and Harwood. The capacity of the

diversion channel at the inlet control structure is 20,000 cfs, with increases in capacity at and beyond the

tributary crossings to account for the additional flow from those tributaries. The diversion channel would

have a maximum bottom width of 300 feet and a variable-width low-flow channel that would meander

within a 200-foot belt width within the 300-foot bottom width. The maximum depth of the low-flow

channel within the diversion channel would be approximately 30 feet below existing ground. Soil

excavated from the diversion channel would be placed into excavated material berms adjacent to the

channel. The maximum width of the Project footprint along the diversion is approximately one half mile

including the diversion channel and excavated material berms. Where flows in the diversion are expected

to be higher than the existing ground, the right-bank berms (east side of diversion channel) would

incorporate engineered levee sections. Drainage ditches adjacent to the berms would be necessary to

intercept local drainage and direct it to the nearest inlet structure.

The Rush River and Lower Rush River would be diverted into the diversion channel, thus flows

downstream of the diversion intersection would cease in the existing channels, except for local drainage.

The low flow portion of the diversion channel is proposed to be constructed with sinuosity as a way of

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mitigating for lost habitat in the Lower Rush and Rush River channels between the diversion channel and

the Sheyenne River.

County road, highway and railroad relocations would include crossings over the diversion channel.

County road crossings would be spaced at approximately three mile intervals. Other roads intersected by

the diversion would be terminated at the diversion or reconnected to the local road network. Within the

staging area I-29, U.S. Highway 75, and the railroad near U.S. Highway 75 would be raised slightly

above the 1% chance flood elevation.

Proposed fill activities associated with construction of the Project would include: partially filling the

portions of river channels abandoned to construct the structures on the Red, Wild Rice, Sheyenne, and

Maple Rivers; excavation for the diversion channel and sidecasting excavated material within

approximately 600 feet along both sides of the diversion channel (including wetland areas); and placing

fill into wetlands along the excavated material berm alignments. Material would be moved and placed

mechanically. Cranes, backhoes, scrapers, dump trucks and other heavy machinery suited to working

with rock would be used to deliver and place rock materials and other embankment fill during

construction. Riprap would generally be placed in a systematic manner to ensure a continuous uniform

layer of well-graded stone. Stone placed underwater would not be cast across the surface of the water.

Control Structures – Gated structures on the Red and Wild Rice Rivers would be operated during flood

events (see Project Operation below), limiting flows downstream in the natural channels and causing the

water to rise upstream into the 60 square mile staging area. A gated control structure would be

constructed adjacent to the Red River in the northeast quarter of Section 6, Holy Cross Township, Clay

County, Minnesota. A similar control structure would be constructed adjacent to the Wild Rice River in

the northeast quarter of Section 2, Pleasant Township, Cass County, North Dakota. See Figure 5,

depicting the control structure concept. The structures would be constructed adjacent to the existing

channels in order to keep the sites dry during construction. Once the control structures are built, the Red

River and Wild Rice River would be re-routed through the control structures. The connecting channel

would have a weir just east of the Wild Rice River crossing to prevent a connection between the Red

River and Wild Rice River until the Project operation begins. The diversion channel inlet control

structure would be located where the diversion channel crosses Cass County Highway 17 in the southeast

quarter of Section 31, Stanley Township, Cass County, North Dakota. The diversion inlet control

structure would consist of a 135-foot wide spillway with operable gates to control flows going into the

diversion channel.

Additional hydraulic structures would be located along the diversion at each tributary crossing. At the

Maple River and Sheyenne River crossings, there would be open aqueducts that cross over the top of the

diversion channel to allow continuous connectivity of these two rivers and fixed-crest weir spillways that

would direct flood flows into the diversion channel. See Item 12 for more information on tributary water

control structures. Figures 6 and 7 depict the hydraulic structure design concept that would be employed

at the Maple River. The same design concept would be used where the diversion channel crosses the

Sheyenne River. These structures would also be built “in the dry” (construction off-channel then

diverting the river across the structure upon completion). At the Lower Rush River and Rush River, rock

ramp spillways would be used to divert the entire flow into the diversion channel. The remaining Lower

Rush and Rush River channels between the diversion channel and the Sheyenne River would receive only

local inflows after the diversion is constructed. The diversion channel outlet would be located where the

diversion returns to the Red River in the northwest quarter of Section 36, Wiser Township, Cass County,

North Dakota, and would incorporate a rock ramp spillway with a crest width of 300 feet.

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Ditches and smaller hydraulic structures would be required along the diversion to handle existing drains

and ditches cut off by the diversion. Ditches running outside and parallel to the diversion would direct

local drainage to a reasonable number of diversion inlet locations. Existing ditches, field swales, and

drain tile would be directed into these parallel ditches. The larger inlets, such as Drain 14 (a drainage

ditch which runs generally south to north from Davenport to the Maple River near its mouth), would be

open inlets like the Lower Rush River and Rush River. These larger inlets would be either concrete drop

structures or rock ramps. The smaller inlets would be culvert structures with flap gates and energy

dissipation chambers at the outlet of the culvert in the diversion channel. The culvert flap gates would

prevent water from backing up out of the diversion after the local peaks have passed. Uncontrolled inlets

(inlets without flap gates) would be placed at rivers and drains that have either natural levees or spoil piles

along them which would prevent widespread back-up flooding from the diversion for events up through

the 1% event. The Project goal is to maintain the existing 100-year floodplain outside the diversion

channel. Hydraulic structure and inlet design will be further discussed in the EIS.

Project Operation- The Project would go into operation by partially closing the Red River and Wild

Rice River control structure gates so that a stage of 35.0 feet is not exceeded at the USGS gage in Fargo.

At this stage, the flow through Fargo would be approximately 17,000 cubic feet per second (cfs). A flow

of 17,000 cfs at the Fargo gage is approximately a 10% chance or 10-year flood event.

Stage gages and stage-discharge rating curves will be developed at the Red River and Wild Rice River

control structures to determine when the combined flow of the two rivers reaches 17,000 cfs. At this

combined discharge the gates would be partially closed and inundation of the staging area would begin.

The connecting channel between the diversion inlet and the Wild Rice River may or may not be allowed

to fill prior to closing the Red River and Wild Rice River control structure gates. This has yet to be

determined. Regardless, flow would not be allowed out of the Wild Rice River into the connecting

channel, between the Wild Rice River and the Red River, until the Red River and Wild Rice River control

structure gates are partially closed. The diversion inlet control structure gates would not be opened prior

to partially closing the Red River and Wild Rice River control structure gates. Since it takes time for

water to travel from the Red River and Wild Rice River control structures to the Fargo gage, the stage at

the Fargo gage will be less than 35.0 feet when the Red River and Wild Rice River control structure gates

are partially closed and the diversion inlet control structure gates are opened.

Modeling completed to date indicates that the stage at the Fargo gage will likely be around 30 feet when

the control structure gates are operated, but the exact stage will depend on the shape of the inflow

hydrographs. Operation of the diversion inlet control structure gates (timing and flow) will depend on

what is observed on the Maple River, with the goal of having reduced diversion flows during peak Maple

River flows at the diversion.

A stage of 35.0 feet would be maintained at the USGS Fargo gage through the use of the Red River and

Wild Rice River control structure gates until the staging area elevation reaches elevation 922.2 NAVD 88

(the staging elevation would just reach elevation 922.2 for the 1% (100-year) event). Once the staging

elevation reaches 922.2, the Red and Wild Rice River control structures would be fully or partially

opened as necessary to maintain the upstream staging elevation of 922.2 while not exceeding a stage of

40.0 feet at the Fargo gage (a USGS stage of 40.0 would occur for the expected 0.2% (500-yr) event).

Once a stage of 40.0 feet is achieved at the Fargo gage, a stage of 40.0 feet would be maintained by

allowing flow to exit the staging area over the overflow embankment and being routed overland to the

west, eventually entering the Sheyenne River and its floodplain.

The staging area water surface elevation would be allowed to rise to an elevation that provides a

minimum acceptable height of freeboard on the tie-back embankments. The minimum acceptable height

of freeboard has yet to be determined, but it is anticipated to be between 4 and 5 feet. The inflow design

flood (IDF) discharge has yet to be determined and therefore the exact pool elevation for the IDF has yet

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to be determined. Modeling completed to date indicates the IDF pool elevation will be between 923.5

and 925.1. Given the uncertainty in the minimum acceptable height of freeboard and the IDF pool

elevation, the tie-back embankment elevation is expected to be between 927.5 and 930.1.

Emergency measures would be employed within the risk reduction area to reduce flood damages when

the stage is between 35.0 and 40.0 feet. If the upstream staging water surface elevation is forecasted to

reach the point of minimum acceptable freeboard, an evacuation order would be issued for the

metropolitan area. Once water is flowing over the overflow embankment and the upstream staging

elevation reaches the point of minimum acceptable freeboard, the Red and Wild Rice River control

structures would be opened further to maintain the minimum freeboard, and stages would rise above 40.0

feet at the USGS Fargo gage.

Levees and Floodwalls – Levees would include planned earthen embankments and floodwall structures

in the metropolitan area in low areas adjacent to the Red River.

Levees and floodwalls would be constructed and existing levees would be improved in the risk reduction

area (metropolitan area) such that the levee/floodwall system would be FEMA-accredited for a flood

causing a stage of 35.0 feet at the USGS gage in Fargo. With the Project in place, the 100-yr flood stage

at the USGS gage in Fargo would be 35.0 feet. Freeboard for floodwall segments is four feet and for

earthen levee segments is three feet plus one foot for settlement/topsoil. Interior drainage facilities would

be required to handle both open and blocked drainage conditions. One storm sewer lift station would be

modified in Moorhead and three existing levee projects would be accredited per FEMA standards. The

locations of levees, floodwalls and non-structural measures in Fargo include the following:

El Zagal golf course near 3rd

Street North, between 14th Avenue and 15

th Avenue North

Mickelson Field levee extension near North Terrace and North River Road

2nd

Street North from NP Avenue to 5th Avenue North

2nd

Street South at Main Avenue (non-structural measures)

Linden Avenue in the Belmont neighborhood (non-structural measures)

Conceptual alignments for these features are presented in the Final Technical Memorandum AWD-

00002—Flows Through Flood Damage Reduction Area (Houston-Moore Group, July 16, 2012). See

Figure 12 for maps showing the locations of the proposed in-town levees. Additional information on

these features, their impacts and mitigation will be developed for the EIS.

Real estate interests required for Project features would be acquired and landowners would be

compensated (buyout and/or relocation) in accordance with applicable state and federal law.

Connecting Channel –The diversion channel system would include a six mile long connecting channel

between the Red River and the diversion channel inlet control structure. Upstream of the tie-back

embankments, water would be stored in order to minimize downstream impacts. The connecting channel

is smaller than, and separate from, the diversion channel. The proposed design of the connecting channel

is lower than ground level, so it will be the first area inundated when the Project goes into operation. The

bottom width of the connecting channel is expected to be approximately 100 feet and will slope back

toward the Wild Rice and Red Rivers to help drain the staging area when flood flows have receded.

Tie-back Levee/Dam Embankments – These are earthen embankments that would impound water in the

staging area. Approximately 12 miles of earthen tie-back levee/dam embankments and four miles of

overflow embankment (Figure 3 and 4) would be constructed to connect the Red River and Wild Rice

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River control structures and the diversion inlet control structure to high ground and prevent water from

circumventing the Project. These features together fall within the definition of a Class I dam under

Minnesota Rules 6115.0340. Approximately 6 miles of tie-back levees would be located in Minnesota

and 6 miles in North Dakota. The four mile long overflow embankment would be located along Cass

County Highway 17 (ND) south of the diversion inlet control structure.

Staging Area – This is a 60-square mile area upstream of the Red and Wild Rice River control structure

and tie-back levee/dam embankment where floodwater would be staged when the Project is in operation.

The Flood Diversion Board of Authority (Diversion Authority) has policies in place that would be applied

to land acquisition and mitigation within the defined staging area. These policies are described in the

“Land Management Plan Fargo-Moorhead (FM) Area Flood Risk Reduction Project, Version 1 (Plan)

(available for viewing at: Fargo Moorhead Diversion Authority website, Library section:

http://www.fmdiversion.com/library.asp). Federal funding is involved in portions of the Project.

Therefore, as described in the Plan, all real estate transactions would have to comply with federal

“Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,” and Title IV,

“Uniform Relocations Act Amendments of 1987” where applicable. State law also applies to real estate

acquisitions. Additional background information and answers to frequently asked questions regarding

land acquisition have been made available by the Diversion Authority at: Fargo Moorhead Diversion

Authority website: http://www.fmdiversion.com/mitigation.asp. The Plan is a living document that would

be updated periodically as appropriate during development of the Project. The policies as described in the

current Plan are as follows:

Residential and commercial structures (not associated with specific active farmsteads)

Homes, structures, and businesses that would experience greater than three feet of inundation for the 1

percent chance event would be acquired or relocated. Areas having 1-3 feet of inundation would be

evaluated for non-structural measures, such as ring levees, relocation, or elevating structures. Acquisition

may also be considered in these areas should a risk and safety analysis indicate these measures to be

inappropriate. The impacts of relocations and acquisitions will be discussed in the EIS. Flowage

easements are proposed to be purchased for areas that would have inundation less than one foot. The

purpose of the flowage easements would be to compensate for use limitations during project induced

periods of inundation. The inundation thresholds for decision making described above are subject to

ongoing review and may be updated in future versions of the Plan. Figures 8, 9, 10 and 11 are maps

outlining the areas to be impacted with the Project in place based on the 10%, 5%, 2% and 1% flood

events, respectively. The blue shading indicates areas that would be inundated with water without the

Project and the red shading shows the additional areas that would be inundated with the Project in place.

See Item 14 for more information on floodplain impacts.

Farmsteads

The criteria outlined above would generally apply to active farmsteads. However, farmsteads tend to be

tied to their existing location to a greater extent than other structures due to the necessity of multiple

associated buildings to create a viable operating unit. Vegetative shelters and direct access to farm lands

are also needed. These characteristics warrant the consideration of nonstructural measures to allow active

farmsteads to remain in operation within the staging area. The Diversion Authority would assess the

depth of flooding, duration of the flood event, and access to the site when making decisions regarding the

appropriate use of nonstructural measures. In any event where farmsteads would experience greater than

3 feet of flooding, a buyout would be offered to the landowner prior to consideration of other options.

Agricultural Lands

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It is anticipated that flowage easements would be acquired over most land within the staging area. A

property-by-property analysis would be conducted to ensure that the specifics of each parcel are taken

into consideration when determining the appropriate mitigation. All agricultural land not within the

footprint of the diversion and associated infrastructure could continue to be farmed.

Non-structural Features – These are measures that would protect structures. They include ring levees,

relocation, acquisition/buyout or elevating structures. Mitigation would occur to homes/properties

impacted by floodwater as outlined in Table 5.

Environmental Mitigation – The Diversion Authority has proposed a number of actions that would

reduce Project impacts to wetlands, cultural resources, fish passage, channel abandonment, turbidity,

aquatic habitat, and other resources. Several features would be constructed to mitigate for unavoidable

environmental impacts of the Project. These features would be constructed at various sites, some of

which have not yet been selected and would be determined during the design phase of the Project as

additional coordination is completed. Mitigation would be accomplished in a watershed context, within

the same watershed as the impact to the fullest extent possible. A detailed description of the basis for

mitigation can be found in Attachment 6 of the FFREIS. The approximate magnitude of the Project’s

environmental impacts and the proposed mitigation actions are discussed in various sections (see

Questions 11, 17, 25). Additional detail on mitigation measures and plans will be presented in the EIS.

Recreation features – Recreation features may include multipurpose trails, parking areas, benches,

interpretive signage, fishing structures, and trailheads with restrooms, potable water and picnic facilities.

Recreation features will be located along the diversion channel on land purchased to construct project

features.

a. Explain the project purpose; if the project will be carried out by a governmental unit, explain the

need for the project and identify its beneficiaries.

The Project would be federally-funded and would be designed and constructed by the USACE in

partnership with the Project’s non-federal sponsors. Upon completion of the Project, all features

(including mitigation features) would be owned, operated and maintained in perpetuity by the non-federal

sponsors.

Need - The Fargo-Moorhead Metropolitan area is located within the area from approximately 12 miles

west to 5 miles east of the Red River and from 20 miles north to 20 miles south of Interstate Highway 94.

This area has a high risk of flooding. The Red River, Wild Rice River (N.D.), Sheyenne River, Maple

River, Lower Rush River and the Rush River all contribute to the flood risk. Average annual national

economic flood damages in the metropolitan area are estimated to be more than $194.8 million (FFREIS,

Section 2.3, History and Future without Project Conditions), and a failure of emergency flood measures

could result in loss of life. Flooding in Fargo-Moorhead typically occurs in late March and early April as

a result of spring snowmelt. Flooding poses a significant risk of damage to urban and rural infrastructure

and disrupts transportation throughout the metropolitan area. The Fargo-Moorhead area is a regional

center for healthcare, education, government, and commerce. Infrastructure at risk in the Fargo-Moorhead

area includes several Regional medical centers, three college campuses, and city and county government

headquarters offices.

The Red River has exceeded the National Weather Service flood stage of 18 feet in 49 of the past 111

years (1902 through 2012), and recently every year from 1993 through 2011. The record-setting Red

River flood stage in 2009 at Fargo was 40.82 feet on the Fargo gage. Official estimates vary for the 1-

percent chance event flow and stage. The hydrologic record of the Red River shows a trend of increasing

magnitude and frequency of flooding in recent decades.

9

During preparation of the FFREIS, a panel of experts in hydrology and climate change was convened to

elicit opinions on how to appropriately reflect this trend (FFREIS Appendix A, Hydrology). The panel

concluded that the hydrologic record showed a “dry” period in the early decades of the 20th Century and a

“wet” period in later years continuing to the present and recommended developing revised flow frequency

curves separately for the dry and wet periods. The revised flow frequency curves showed the 1-percent

chance event flow to be approximately 34,700 cfs at present; 32,900 cfs in 2035; and 31,300 cfs in 2060.

The hydraulic modeling developed for the FFREIS and calibrated to the 2009 flood event indicated that a

flow of 34,700 cfs at the Fargo gage would produce a stage of 42.4 feet (FFREIS Appendix B, Hydraulic

Engineering). The analyses described in the FFREIS were based upon the Expert Opinion Elicitation

panel’s hydrologic recommendations, which result in significantly higher stages for the 1-percent chance

event than on the current FEMA Flood Insurance Rate Maps. The DNR concurs with this approach and

will utilize the recommendations of the EOE in the EIS.

Purpose - The purpose of the Project is to reduce flood risk, flood damages and flood protection costs

related to flooding in the metropolitan area. To the extent technically and fiscally feasible, the Project

would:

reduce flood risk potential associated with a long history of frequent flooding on local

streams including the Red River of the North, Sheyenne, Wild Rice, Maple, Rush and Lower

Rush Rivers passing through or into the metropolitan area,

qualify substantial portions of the metropolitan area for 100-year flood accreditation by

FEMA under the National Flood Insurance Program, and

reduce flood risk for floods exceeding the 1% event (100-year flood or greater), given the

importance of the metropolitan area to the region and recent frequencies of potentially

catastrophic flood events.

7. Project magnitude data

A total of 8,200 acres would be directly impacted by diversion channel, connecting channel, tieback

levees, and control structure construction. Approximately 60 square miles would be adversely affected by

temporary staging of floodwater upstream in the staging area.

(TABLE BELOW NOT APPLICABLE)

Number of residential units: NA; Unattached: NA; Attached: NA; Maximum units per building: NA

Commercial, industrial or institutional building area (gross floor space): total square feet

Indicate areas of specific uses (in square feet):

Office Manufacturing

Retail Other industrial

Warehouse Institutional

Light industrial Agricultural

Other commercial (specify)

Building height If over 2 stories, compare to heights of nearby buildings

10

8. Permits and approvals required

List all known local, state and federal permits, approvals and financial assistance for the project.

Include modifications of any existing permits, governmental review of plans and all direct and

indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and

infrastructure. Certain final decisions are prohibited until all appropriate environmental review has

been completed. See Minnesota Rules, Chapter 4410.3100.

No permits/approvals for the project have been applied for to-date. Permits and approvals that may be

required for the Project include, but may not be limited to, the following:

Table 1. Permits and Approvals

PERMIT/APPROVAL GOVERNING AGENCY Responsibility

Clean Water Act-Section 404 USACE Federal Government

(unless feature is

constructed by Local

Sponsors)

National Environmental

Policy Act (NEPA)

USACE Federal Government

Rivers and Harbors Act of

1899-Section 9 and 10

USACE Federal

Government(unless

feature is constructed

by Local Sponsors)

Clean Water Act-Section 401

Certification, Water Quality –

ND

ND Department of Health

Federal Government

Clean Water Act-Section 401

Certification, Water Quality –

MN

Minnesota Pollution Control Agency

(MPCA)

Federal Government

Conditional Letter of Map

Revision (CLOMR)

Federal Emergency Management

Agency (FEMA)

Local Sponsors

Letter of Map Revision

(LOMR)

FEMA Local Sponsors

Floodplain Permit City of Fargo Local Sponsors

Floodplain Permit City of Moorhead Local Sponsors

Dewatering ND Department of Health Contractor

Dewatering MN Department of Natural Resources Contractor

NPDES Storm water ND Department of Health Contractor/Owner

11

PERMIT/APPROVAL GOVERNING AGENCY Responsibility

NPDES Storm water MPCA Contractor/Owner

Storm water Permit City of Fargo Contractor/Owner

Storm water Permit City of Moorhead Contractors/Owner

Sovereign Lands ND State Water Commission Local Sponsors

Construction ND State Water Commission Local Sponsors

Application to Drain ND State Water Commission and Cass

County Joint WRD

Local Sponsors

Construction/Floodplain

Approval

Buffalo-Red River Watershed District Local Sponsors

Subsurface Drain Cass County Joint WRD Local Sponsors

Memorandum of

Understanding

ND Department of Transportation Local Sponsors

Cooperative Construction

Agreement

MN Department of Transportation Local Sponsors

Section 106 Clearance ND State Historical Society Federal Government

Section 106 Consultation MN State Historic Preservation Office Federal Government

Dam Safety MN Department of Natural Resources

(MNDNR)

Local Sponsors

Public/Protected Waters MNDNR Local Sponsors

MN Wetland Conservation

Act

Minnesota Local Government Unit Local Sponsors

Floodplain Harwood Township Contractor

Floodplain Clay County Local Sponsors

Building Harwood Township Contractor

Two Rivers WRD

Application

Two Rivers WRD Local Sponsors

Zoning/Rezoning? Clay County, MN Local Sponsors

Zoning/Rezoning? Cass County, ND Local Sponsors

12

PERMIT/APPROVAL GOVERNING AGENCY Responsibility

Aquatic Nuisance Species

Rule

ND Game and Fish Department Contractor

Prime and Unique Farmlands Natural Resources Conservation

Service

Federal Government

9. Land Use

Describe current and recent past land use and development on the site and on adjacent lands. Discuss

project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts

involve environmental matters. Identify any potential environmental hazards due to past site uses,

such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas

pipelines.

The majority of the land that would be affected by the Project is currently used to plant row crops and for

other agricultural uses. The Project would affect approximately 250-300 farmsteads and rural residences

directly within the Project footprint and in the staging area. Land use changes would occur along and

near the proposed diversion alignments with the purchase of Project right-of-way, although agricultural

uses would be allowed within the staging area and potentially on some portions of the diversion channel

excavated material berms. Land affected by the levee/floodwall system within the flood risk reduction

area is currently residential, commercially developed, or existing public infrastructure.

Some of the staging area that is currently zoned residential or retail would no longer be available for those

uses. There are opportunities to convert agricultural portions to wetlands, grasslands, wooded areas or

other uses (a significant part of the staging area is currently farmland). Land in the diversion channel

right-of-way would be impacted. An estimated 6,000 acres of prime and unique farmland would be

directly or indirectly impacted with the construction of the Project. Owners of agricultural lands

purchased for the Project would be compensated at fair market value. The Project is expected to split or

divide some farms into separate parcels. In some cases, farmers would have to detour around the

diversion channel using established roadways or specially constructed access roads to access their

property and conduct farming operations. The number of farms under active use that would be divided by

the proposed diversion channel route is unknown at this time.

In general, agricultural land within the staging area would continue to be farmable. Farmers would still

qualify for multi-peril crop insurance to provide coverage related to naturally occurring risks. However,

crop insurance would not cover losses occurring due to operation of the Project. According to the USDA,

if farmers can plant before the late planting date then federal crop insurance would be available as it is

now for impacts not related to operation of the Project. Rules for a crop planted after the final planting

date are in accordance with federal crop insurance policies. If farmers cannot plant because of operation

of the Project, they would not qualify for crop insurance. The Diversion Authority is researching the

availability of insurance that could mitigate the risks of not being able to plant because of operation of the

Project.

Using existing data sources to identify existing or potential environmental contamination, Phase 1

Environmental Site Assessments (ESAs) are currently in progress for the proposed diversion alignment.

Additional Phase 1 ESAs would be conducted at all Project locations. The results from those assessments

will inform any Phase 2 investigations that may be necessary to obtain additional data about the nature

and extent of potential contamination sources identified as part of the Phase I ESAs. All construction

activities would require an approved spill containment program. As properties are purchased and

inventoried, any hazardous or toxic substances would be disposed of per applicable regulations by a

qualified contractor. The number, location, size, etc. of any above or below ground storage tanks would

13

be mostly defined by the Phase 1 ESAs. If any additional tanks or other environmental hazards are

discovered during the purchase process they would be addressed at that time. The work done in a Phase I

ESA is defined by ASTM E1527-05.

Impacts and mitigation measures for land use are potentially significant. However, the FFREIS and this

EAW adequately address the state’s concerns.

10. Cover Types

Estimate the acreage of the site with each of the following cover types before and after development.

Table 2. Land Cover

Land Cover Type Before

(acres)

After (acres)

Wetlands (Types

1-8)

Open Water 1 63

Type 1 1,477* 100-200

Type 2 120 1,200 -2,000**

Type 3 106 100-200

Type 6 1 Minimal

Type 7 60 0

Lawn/Landscaping <100 0

Wooded/Forest 71 0

Impervious Surface 50 (approx.) 50 (approx.)

Brush/Grassland 100 2,000-2,200

Storm water Pond Same as Open Water

Cropland 6,000 1,900***

(approx.)

TOTAL 8,086 5,213-7,013

Table Notes:

Much of the Type 1 wetland was double-counted as cropland, which accounts for the acreage

discrepancy.

Note for Type 2 After, the current wetland mitigation plan uses the bottom of the diversion

channel for wetland creation. Additional detail on wetland replacement will be provided in

the EIS.

Note for Cropland After, this indicates the area on the outside (“left bank”) of the diversion

channel excavated material berms may include cutting and bailing of vegetation for hay after

the Project is constructed. Tilling of the left bank would not be permitted.

Other (describe): The staging area is approximately 60 square miles and is defined by the red outline in

Figures 2, 3 and 4. There are approximately 33,000 acres within this area that would be impacted by an

additional one foot or more of water at the 100-year event. Wetlands within this area have not been

14

delineated because the areas that are wetland now would remain wetland with the Project. The areas that

are farmed would continue to be farmed. Some homes and farmsteads and the lawn/landscaping

associated with them would be transformed to either farmland or wetland once they were bought out and

removed.

If Before and After totals are not equal, explain why:

The before and after totals are not equal because some acres are double counted. For example, the

majority of the impacted wetlands are also cropland and/or grasslands.

Cover type impacts are not considered to be potentially significant; however, additional analysis and

detail beyond that provided in the Scoping EAW and FFREIS will be provided in the EIS.

11. Fish, wildlife, and ecologically sensitive resources

a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be

affected by the project. Describe any measures to be taken to minimize or avoid impacts.

Type of Site/Type of Habitat – Wetland habitat affected by the Project is a mix of wet meadow, shallow

marsh, shallow open water, floodplain forest, and farmed seasonally flooded wetland. Farmed seasonally

flooded wetlands constitute the vast majority of the affected acreage (1,477 acres).

The aquatic habitats located within the Project area consist of riverine habitat and are typical of the Red,

Wild Rice, Sheyenne, Rush, Lower Rush and Maple Rivers. Depths on the Red River and the tributaries

generally vary from 1 to 2 feet near shoreline areas to about 5-20 feet at mid-channel locations, depending

on the tributary and season. Substrates present include a mixture of silt, sand, and clay. The river

channel is approximately 100 feet wide in the vicinity of the Red River control structure. Tributary river

channels are approximately 20-80 feet wide where the diversion channel would cross the other tributaries.

Upland habitat in the Project area is mainly cropland, with a mixture of hay ground, pasture, hobby farms

and suburban dwellings. Wooded areas include mostly a mixture of bottomland hardwood tree species

and low vegetation. The small percentage of upland wooded area is made up of shelter belts planted near

farmsteads and homes or along field edges. These shelter belts include some coniferous trees but mostly

small shrubs and fast growing tree species.

Birds and mammals that inhabit the rural portions of the Project area include raptors, gray partridge,

pheasant, mourning dove, waterfowl, fox squirrel, white-tailed deer, red fox, raccoon, mink, badger,

striped skunk, white-tailed jackrabbit, beaver, muskrat, and numerous song birds. The riparian vegetation

(forested floodplain) associated with the Red, Wild Rice and Sheyenne Rivers represents most of the

terrestrial wildlife habitat that presently exists within the Project area. Other than this limited riparian

habitat, wildlife resources in the Project area are limited to those species that can reside in drainage ways,

shelterbelts, cultivated fields and road right-of-ways.

Habitat within the urban areas is limited primarily to manicured lawns and landscaped areas. These areas

provide limited habitat for wildlife species. Therefore, wildlife resources are mostly limited to songbirds,

reptiles, amphibians and small mammals.

The total surface area that would be directly impacted by Project features includes approximately 8,200

acres. Of these areas, disturbance caused by Project-related construction would be limited to the

diversion channel, connecting channel, excavated material berms, tie-back levee footprints, and

construction areas of the river crossing structures. Forested land in the staging area would be inundated

with water while the Project operates (greater than a 10 year event). Some tree loss may occur in the

staging area depending on the frequency, depth and duration of flooding, and operation relative to the

15

growing season. The majority of tree species in the Project area are floodplain tree species (such species

generally have a high tolerance to flooding).

There would be some areas where upland forest and riparian forested areas would be cleared or otherwise

impacted. The diversion channel and Project features would impact approximately 60 acres of forested

wetland and 71 acres of upland forest.

The loss of these wooded areas would be permanent but would be mitigated for by converting farmed

wetland along the Red River into floodplain forest at a 2:1 ratio (262 acres). There would also be tree

plantings as part of the recreational features. A table identifying proposed mitigation measures is

included in response to Item 30 of this Scoping EAW. The other upland areas to be disturbed are

currently farmed and have reduced natural resource value. Portions of the excavated material berms

would be available for farming after completion. All other disturbed upland areas would be replanted

with native species, primarily grasses that would have positive impacts on the area’s overall habitat value.

Overall, the Project would have a permanent impact on the terrestrial habitat identified but the eventual

changes in vegetative cover through the proposed mitigation measures would have some long term

beneficial impacts on the avian and small mammal groups.

As part of the assessment of impacts to wetland resources and based on recommendations from an

interagency mitigation team that was convened by the USACE, the Minnesota Routine Assessment

Methodology for Evaluating Wetland Functions (MnRAM Version 3.3) was used to assess the functions

of wetlands within the diversion channel corridors.

The primary functions assessed as part of the MnRAM include:

Maintenance of Hydrologic Regime,

Maintenance of Wetland Water Quality,

Maintenance of Character of Wildlife Habitat,

Aesthetics/Recreation/Education/Cultural Benefit,

Flood/Storm-water Attenuation, and

Downstream Water Quality.

Due to the similarity of the identified wetlands, functionality was not assessed on every wetland. Instead,

at least one randomly-chosen basin representative of each type of wetland found within the diversion

channel alignment was assessed for typical functionality. The types of wetlands found within the

diversion channel corridor, in accordance with the Eggers & Reed wetland classification system, are

farmed seasonally flooded basin (PEMAf is the corresponding Cowardin classification), fresh wet

meadow (PEMB), shallow marsh (PEMC), floodplain forest (PFO1A) and shallow open water (PUBH).

European settlement of the Project area involved extensive drainage in order to make production of

agricultural crops possible, and much of the land within the proposed diversion channel alignment is

currently used for agricultural purposes. Although the surface drainage systems (ditches) make

agricultural production possible in many areas in most years, the ditches have not effectively removed

hydrology from the surface in those areas determined to be wetland. These wetlands are farmed in most

years, although crops are often lost, especially in the deepest parts of these shallow depressions.

Wetlands in this area have been significantly impacted by agricultural practices, including the drainage of

the natural hydrology, tilling of the soils and loss of the natural vegetation. The shallow marsh and

floodplain forest wetland types, although usually left untouched by direct agricultural activity, have been

affected by land uses in the area.

Farmed Seasonally Flooded Wetlands

16

Wetlands found within active agricultural lands provide limited levels of functionality due to the

extensive drainage and overall alteration that has taken place in the region. Over eighty percent of

wetlands within the Project area are depressional field ditches and depressional isolated wetlands of the

seasonally flooded basin type. Due to the extensive drainage systems, these seasonally flooded wetlands

generally function at a low level for Maintenance of Hydrologic Regime and Maintenance of Wetland

Water Quality (per MnRAM). When drainage moves water off the landscape more quickly than in a

natural setting, wetlands do not have the opportunity to continually feed the downstream system with a

supply of water, and the agricultural impacts directly affect the ability of the wetlands to maintain water

quality within the basin. Because the wetlands are found within agricultural fields where many are

regularly farmed, they also function at a low level for Maintenance of Character of Wildlife Habitat, and

Aesthetics/Recreation/Education/Cultural Benefit (per MnRAM). Without natural vegetation, there is

limited opportunity to provide wildlife habitat, but they do provide some resting habitat for migrating

water birds. Theses wetlands provide limited aesthetic or recreational value.

The depressional wetlands within agricultural fields do, however, generally provide moderate to high

functionality for Flood/Storm-water Attenuation and Downstream Water Quality (per MnRAM). Those

wetlands that have been shaped into shallow field ditches provide a moderate level of flood/storm water

attenuation because they are able to hold some of the water on the landscape for at least a short period of

time. Shallow isolated depressional wetlands provide a high level of functionality for flood/storm water

attenuation, as they are able to hold the water on the landscape until it can evaporate or infiltrate, rather

than run off to nearby over-stressed water courses. All crop field wetlands provide a moderate level of

functionality for protection of downstream water quality because they are able to filter at least some of the

nutrients from the agricultural runoff before the water enters nearby waterways. The seasonally flooded

depressional wetlands generally do not provide any level of function for amphibian or fish habitat or

shoreline protection; therefore MnRAM analysis was not applicable for these functions.

Fresh Wet Meadow and Shallow Marsh Wetlands

Fresh wet meadow and shallow marsh wetlands that are not actively farmed within the diversion corridor

provide similar levels of functionality as those described above for farmed seasonally flooded wetlands,

with a few noted differences. For Maintenance of Wetland Water Quality (per MnRAM), wet meadows

and shallow marshes provide a moderate level of functionality. With natural vegetation present, such as

cattails (Typha sp.), the water quality within the wetland is treated through the plants’ uptake of nutrients.

These wetlands also provide a moderate level of wildlife habitat because of the natural vegetation.

Floodplain Forest Wetlands

Floodplain forest wetlands provide a moderate level of functionality for maintenance of the hydrologic

regime, as they are able to gradually feed the river system with water stored in the soils following flood

events. In addition, the forest canopy provides a moderate level of function for wildlife habitat.

Floodplain forest restoration is planned as mitigation for impacted stream riparian areas consisting of

floodplain forest wetlands.

Shallow Open Water Wetlands

In the proposed diversion channel corridor, there are two areas classified as shallow open water. One is a

constructed storm water retention pond at the west edge of Prairie Rose, and the other is located adjacent

to the Wild Rice River and is surrounded by a floodplain forest on private property. The storm water

retention pond functions at a high level for flood and storm water attenuation as well as protection of

downstream water quality, and it functions at a low to moderate level for most other functions, such as

amphibian and wildlife habitat and maintenance of hydrologic regime. The shallow open water basin

adjacent to the Wild Rice River performs at a low to moderate level for all measured functions. While it

17

can provide a moderate level of flood/storm water attenuation and water quality protection, its outlet to

the Wild Rice River is too low and not constricted, minimizing its ability to retain water. This basin

provides a moderate level of wildlife and fish habitat, providing protection for water fowl and spawning

habitat for fish.

As indicated above, most of the seasonally flooded wetlands assessed in the Project area are low

functioning wetlands. The seasonally flooded wetlands make up the vast majority of wetland types

within the review area. Many wetlands in the Lake Agassiz basin are embedded within an agricultural

landscape where they are subject to varying degrees of siltation. Current agronomic practices include re-

spreading of sediment from ditch clean outs onto shallow depressions and swales in the crop fields as well

as general field leveling to improve agricultural production. Cultivation of wetland catchment areas has

exacerbated soil erosion; wetlands in agricultural fields receive more sediment from upland areas than

wetlands in grassland landscapes and hence are subject to premature filling (i.e., they have shorter

topographic lives). Associated impacts from increased turbidity, sediment deposition, and increased

surface water input have impaired natural wetland functions. Although trapping of sediments by wetlands

is often cited as a water quality benefit, sediment input from agricultural fields has the potential to

completely fill wetlands and shorten their effective life-span. Flooding from the Red River of the North,

laden with very fine sediments, likely increases the sediment load deposited in these shallow basins

during flooding.

Potentially significant impacts are possible. The potential impacts associated with sediment deposition

(associated both with river sources sediment and that mobilized from fields in additionally inundated

areas) will be evaluated further in the EIS.

While the Project is under construction, sediment loading to wetlands could be increased. Both soil

erosion and sedimentation best management practices (BMPs) should be developed as construction-phase

conditions in NPDES storm water permits. These would help to avoid and minimize the potential for

potentially significant impacts related to construction storm water runoff. Once the Project is

constructed, normal farming practices would continue within the staging area resulting in sedimentation

potential from agricultural runoff similar to the existing condition. Along the diversion channel, the area

on the outside (“left bank”) of the excavated material berms may include cutting and bailing of vegetation

for hay after the Project is constructed. Tilling of the left bank would not be permitted, so there should be

no additional sedimentation of wetlands as the result of the diversion channel construction.

b. Are any state-listed (endangered, threatened or special concern) species, rare plant communities or

other sensitive ecological resources on or near the site? ☒Yes ☐No

If yes, describe the resource and how it would be affected by the project. Describe any measures that

will be taken to minimize or avoid adverse impacts. Provide the license agreement number (LA-586)

and/or Division of Ecological Resources contact number (ERDBClick here to enter text.) from which

the data were obtained and attach the response letter from the DNR Division of Ecological Resources.

Indicate if any additional survey work has been conducted within the site and describe the results.

Much of the following is taken from the FFREIS section 5.2.1.9.

Federal Species

One federally-listed threatened or endangered species, the whooping crane (Grus americanus), is listed as

endangered for Cass and Richland Counties. One federally-listed threatened or endangered species, the

western prairie fringed orchid (Platanthera praeclara), is listed as threatened for Clay County. One

species, the Dakota skipper (Hesperia dacotae), is on the candidate species list for Clay County. No

18

species are listed for Wilkin County, Minnesota. The Fish and Wildlife Service’s records do not indicate

any individuals of any of these species within the Project area (FWS letter in the FFREIS, Appendix Q).

Bald eagles and their nests are protected from take and disturbance, respectively, per the Bald and Golden

Eagle Protection Act. The Fish and Wildlife Service verified the location of two bald eagle nests within

the Project area inside of the area protected by the diversion, but several miles from any proposed

construction. A third nest has been identified approximately five miles upstream of the Red River control

structure that may be impacted by the Project due to staged floodwater.

The eagle nests would not be directly impacted by the Project construction due to location, but the nests

would be monitored during the spring before construction. Nests were monitored in the spring of 2011

and only two nests remained at that time. In addition, the area protected by the diversion inside the

Project area would continue to be monitored during the upcoming years to ensure that no new nests would

be impacted by Project construction. The nest located upstream of the Red River control structure may be

impacted by staged water weakening the root system of the tree or killing the tree in the event that

prolonged flooding occurs over the course of one or more consecutive growing seasons. There would be

raptor nest surveys completed in the spring of the year preceding construction within or near any affected

wooded areas. A raptor survey was completed near the outlet structure during the spring of 2012. Two

eagle nests were identified and observed during the survey. Both nests were active, but it was

determined that neither nest would be impacted by construction in this area.

State Listed Species

Minnesota Special Concern Species and Threatened and Endangered Species with Potential to Occur in

Clay County.

There are 15 Minnesota-listed threatened and endangered species and 34 special concern species that are

known or have the potential to occur in Clay County, Minnesota (see Sections 1.9.1 and 1.9.2 of

Appendix F of the FFREIS) (The source of this data was the MNDNR Data Deli, as of 2009). The vast

majority of these known occurrences of listed species are located on the east portion of the county and

thus not be affected by the project. There is one bird species (bald eagle), one fish species (lake

sturgeon), and one mussel species (black sandshell) with moderate potential to occur within the Project

area.

Direct impacts to the lake sturgeon would likely be minimal as the lake sturgeon would avoid

construction activity. The ability for lake sturgeon to migrate could be occasionally affected during

operation of the Project, which is anticipated to be less frequently than approximately a 10 percent chance

flood event. With in-town levees, the Project would only operate during floods where peak flows would

exceed approximately a 10% event. Historically, these floods have been the result of snow melt events,

with flows above 17,000 cfs having only occurred during March and April. Aadland (2010)

approximated the lake sturgeon spawning period on the Red River to be early May through mid-

June. While this is not the only period when fish may move, it is likely the period of greatest concern for

lake sturgeon. However, this lake sturgeon spawning period would be outside of the period when flows

above 17,000 cfs have occurred historically.

Given the low frequency of operation, and the fact that Project operations would generally occur outside

of the sturgeon spawning period, adverse effects due to loss of connectivity are not expected to be

significant. However, additional information on this issue will be presented in the EIS.

19

With the addition of mitigation at Drayton Dam, connectivity would be improved at the last major

impediment on the Red River in the U.S. Additional impacts could occur from stranding within the

diversion channel or limited the ability of fish to navigate hydraulic control structures.

Previous mussel surveys have collected black sandshell from the Red River in the Project area. In-water

construction activities under any diversion channel alternative could result in mortality of black sandshell

mussels. Impacts would generally be limited to the Project footprint.

North Dakota Special Status Species with Potential to Occur in Cass County

There are 52 Special Status Species with potential to occur in Cass County, North Dakota (see section

1.9.3 of Appendix F of the FFREIS). Of these listed species, five have a moderate potential of occurring

within the Project area. The other species listed either have no potential or low potential of occurring

within in the Project area.

The five species that have a moderate chance of occurring in the Project area include two bird species

(whip-poor-will and northern cardinal), and three mussel species (Wabash pigtoe, black sandshell, and the

mapleleaf).

Habitat used for nesting by either the cardinal or the whip-poor-will may be disturbed or removed during

Project construction. To the extent practicable, vegetation clearing activities would be done so as to avoid

affecting nesting individuals. Nonetheless, some limited take of individuals may occur incidental to

construction activities. It is expected that any limited take would have no long lasting effect on the

affected migratory bird species.

Project impacts to forested land would occur during the winter months so bird species would not

impacted during their nesting and rearing periods. This action would minimize the risk of any impacts to

either listed bird species.

In-water construction activities could result in mortality of black sandshell, mapleleaf and Wabash pigtoe

mussels. Previous mussel surveys have collected these species from the Red River in the Project area.

All three have been collected from the Sheyenne River in the vicinity of the proposed aqueduct. Black

sandshell have been collected from the Wild Rice River in the area of the control structure. Mussel

surveys conducted in October 2011 indicated that there would be no appreciable impact to mussels as a

result of the Project.

Construction of the levee/floodwall system within the flood risk reduction area is not expected to cause

appreciable impacts to any listed species. Impacts of proposed environmental mitigation projects would

be determined as those projects are developed. Impacts of the Drayton Dam modifications in Drayton,

ND will be presented in the EIS.

Impacts and mitigation measures for fish, wildlife and ecologically sensitive resources are not expected to

be potentially significant based on the 2009 data used for the FFREIS. However, additional analysis and

detail beyond that provided in the Scoping EAW and FFREIS will be provided in the EIS.

12. Physical impacts on Water Resources.

Will the project involve the physical or hydrologic alteration — dredging, filling, stream diversion,

outfall structure, diking, and impoundment — of any surface waters such as a lake, pond, wetland,

stream or drainage ditch? ☒Yes ☐No

If yes, identify water resource affected and give the DNR Public Waters Inventory number(s) if the

water resources affected are on the PWI: Click here to enter text. Describe alternatives considered and

20

proposed mitigation measures to minimize impacts.

The Red River and Wolverton Creek are MNDNR Protected Watercourses represented on PWI maps.

The Project involves diverting the Red, Wild Rice (ND), Sheyenne (ND), and Maple (ND) Rivers during

flood events and the Lower Rush and Rush Rivers (ND) permanently. Wolverton Creek would

experience changes while the Project is in operation due to water being staged.

Wetland impacts are predicted to occur either directly within the Project footprint, or indirectly through

reduced hydraulic connectivity of wetlands to the river because of reduced river flood discharge.

Wetlands potentially impacted because of altered connectivity would be mitigated by creating wetland

habitat in the bottom of the diversion channel. Approximately 1,700 acres of wetlands would be filled or

excavated along the diversion channel alignment or the route of the tie-back embankments.

The temporarily and seasonally-flooded depressional basins within the Project area are precipitation-

driven wetlands that are not dependent upon the flood events from the Red River for their sustaining

hydrology. Snowmelt and summer storms on the low-permeability soils are adequate to support wetland

hydrology for these systems. Less inundation in the ‘protected area’ due to the Project would, therefore,

have little to no impact on the wetland hydrology of these wetlands. Potential effects of more inundation,

depending on the recurrence of larger storm events and the operation of the Project, would also likely

have no lasting impact on the temporary and seasonally-flooded wetland basins in the staging area. If,

however, larger storm events triggering the use of the staging area were to occur more often than

predicted, the potential exists for the wetlands to remain inundated longer than normal into the growing

season, rather than just temporarily or seasonally. Prolonged higher than normal standing water could

also cause several small, isolated basins to form one, larger basin, although this may not be the case if the

areas are currently tiled. This is not likely to have a long-term negative impact because it is expected that

there would be interceding years with no flooding, allowing the systems to return to their temporarily or

seasonally-flooded condition.

Wetlands in the staging area receive increased sedimentation as floodwaters recede from the area.

Consecutive years of sedimentation, or a build up over many years could change wetland types or even

convert wetlands to uplands.

Description of the Proposed Discharge Sites

Location – For Red River control structure construction, material would be placed just upstream of river

mile 476, but off to the side of the channel and would have fill impacts when the channel gets diverted

toward the structure; at these locations the channel would have to be filled to help divert the flow toward

the structure. No construction material would need to be placed in the Red River for the diversion outlet

since energy dissipation would be handled within the diversion channel upstream of the connection with

the Red River. For the control structures, aqueducts and other hydraulic structures, construction material

would be placed into the Red River for approximately 200 feet just downstream of river mile 477 and also

at the crossings of the Wild Rice, Sheyenne, Maple, Lower Rush and Rush Rivers.

Size - Approximately 14 acres of riverine habitat below the Ordinary High Water level would be affected

by the abandonment of river channel for the construction of the Red River control structure.

Approximately 11 riverine acres at the Wild Rice River crossing, 8 riverine acres at the Sheyenne River

crossing, 10 riverine acres at the Maple River crossing, 3 riverine acres at the Lower Rush River crossing

and 3 riverine acres at the Rush River crossing would be affected by the proposed fill activities.

Approximately 1,700 acres of wetlands, not including riverine areas, would be affected by either fill

activities or excavation along the diversion channel route. A total additional area of approximately 50

riverine acres would be affected.

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The FFREIS describes an estimate of upstream miles and acres of aquatic habitat upstream of the Red

River and Wild Rice River control structures that would have reduced access (up to 400 miles of

upstream aquatic habitat for the Red River control structure to equal approximately 3,700 acres of aquatic

habitat). A quantitative estimate was not provided in the FFREIS for potential geomorphic effects area,

but it is understood that any potential for upstream geomorphic effects would occur within the area of

backwater influence which has been extensively mapped for the 1 percent chance event. The area of

potential effect varies by flood height.

Hydrologic Effects

The Project will affect the hydrology of various river reaches and intervening areas in different ways.

Upstream staging area

The frequency of flooding in the area upstream of the Red and Wild Rice River control structures and the

diversion inlet structure will be unchanged up to a flow of 17,000 cfs (a 10% or 10-year event) at the

USGS gage in Fargo. Flows exceeding 17,000 cfs will result in a larger inundated area upstream of the

control structures and an increase in the frequency of inundation for flows exceeding 17,000 cfs. The

inundated areas for various events are illustrated in Figures 8, 9, 10 and 11.

Red and Wild Rice Rivers downstream of control structures

The frequency of flooding in the area downstream of the diversion inlet and the control structures on the

Red and Wild Rice Rivers would be unchanged up to a flow of 17,000 cfs (a 10% chance or 10-year flood

event) at the USGS gage in Fargo. A flow of 17,000 cfs is expected to result in a stage of 35 feet at the

Fargo gage. Flows that would exceed 17,000 cfs at the Fargo gage will trigger operation of the project as

described in Item 6. Flows between a 10% chance (10-year) and 1% chance (100-year) event would be

limited to 17,000 cfs at the Fargo gage. Flows greater than the 1% chance event up to approximately

100,000 cfs (in excess of a 500-year event) would be limited to a stage of 40 feet through the metropolitan

area and contained within a levee/floodwall system supplemented by emergency measures.

Sheyenne and Maple Rivers downstream of aqueducts

Flows crossing the diversion channel via the Sheyenne and Maple River aqueducts would be limited so as

to be contained within the banks of the existing rivers and drains within the benefitted area. The existing

Sheyenne Diversion projects, including both the Horace to West Fargo Diversion and the West Fargo

Diversion, would be maintained and continue to operate. The hydrologic regime in the natural Sheyenne

River channel would be similar to existing conditions up through the 50% chance or 2-yr event. Higher

flows would be reduced due to the diversion of flow into the proposed diversion. Flows in the Maple

River aqueduct up to approximately 1700 cfs (a 60% or 1.7-year event) would not be affected, but higher

flows would be partially diverted. This flow is high enough to maintain channel forming flows on the

Maple River and the Sheyenne River all the way to its mouth.

Rush and Lower Rush rivers and Drain 14 downstream of the diversion channel

The Rush and Lower Rush Rivers and Drain 14, as well as several smaller tributaries, would be diverted

into the diversion channel. Flows downstream of the intersection would cease in the existing channels,

except for local drainage. These channels would likely remain wetlands, and water levels will depend on

local inflows and backwater effects from the Sheyenne River.

Areas adjacent to the diversion channel

The frequency of flooding left of the left bank of the diversion channel (west of the channel) would

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remain relatively unchanged; project features would be designed to minimize hydrologic impacts to all

streams and ditches upstream of the point at which they intersect the diversion channel.

Flood frequency to the right of the right bank of the diversion channel (east of the channel) would be

substantially reduced. The largest stage reductions would occur along the southern 2/3 of the diversion

alignment; flood stage reductions east of the northern third of the diversion channel would be diminished

by backwater effects from the Red River.

Groundwater

Shallow groundwater near the ground surface would likely be lowered in the immediate vicinity of the

diversion channel. The effects of the channel on shallow groundwater are expected to be contained

within the footprint of the channel and adjacent excavated material berms.

Deeper groundwater in the Project area includes the West Fargo Aquifer which occurs around West

Fargo. This aquifer is at least 70 feet deep, and it appears to be deep enough to avoid impacts that could

occur from Project structures or excavation associated with the Project. Additional data analyses and

design refinements would verify local variations in the hydrogeology during Project design. The Project

is not expected to have adverse impacts to the cumulative condition of aquifers or shallow groundwater in

the region.

Piezometers have been installed and data is being collected from them. More would be installed to

monitor changes in ground water elevation during and after construction. The information would also be

used to verify assumptions made during analysis.

Red River downstream of the diversion channel outlet

At the diversion outlet, there would be minor impacts to flood stages. Hydrologic changes on the Red

River downstream of the outlet would be minimal.

Geomorphology

While flood flows would be reduced along streams within the risk-reduction area, the geomorphology

study by West Consultants in 2012 concluded that affected streams are "not prone to significant change in

morphology over short or even moderate periods of time." Geomorphic change based on the rarity of an

event should account for the fact that the frequency of larger hydrologic events has increased over the last

40 years of record. Further, climate change and recent land use activities in the basin are likely to

continue to increase or add uncertainty to predicted geomorphic changes. The study conducted by West

also concludes that bank stability and riparian vegetation density are expected to slightly increase in the

reaches that are protected from high flows and that bank stability and riparian vegetation density are

expected to slightly decrease in the staging area upstream of the diversion alignment as a result of more

frequent overbank inundation and sedimentation. The extent of the decreases associated with riparian

vegetation in the staging area is ultimately dependent on the timing and duration of the inundation and

will need to be monitored. The Rush and Lower Rush Rivers were modeled for shear stress and these

results recognized potential impacts to channel geometry. The identified impacts need to be assessed for

the other tributaries, but appear likely for the Wild Rice River, at least. Additionally, since all flow in the

Rush and Lower Rush will be diverted by the diversion alignment, local runoff and backwater from the

Sheyenne River are expected to cause sedimentation in the portion of these streams located downstream

from the diversion. Therefore, the channel size for these reaches would be expected to increase over time,

a result of the increased width/depth ratio and increased lateral migration that results.

Remaining information is needed on the water surface and thalweg (bed) profiles for each of the

tributaries as they flow into or across the diversion, including the Sheyenne, Maple, Wild Rice, Rush and

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Lower Rush Rivers. This is needed to evaluate pre-and post-Project slopes and potential geomorphic

impacts. Shear stress calculations are shown for the Rush but do not include longitudinal profiles for

various flood scenarios, with and without operation of the diversion. This information (longitudinal

profiles with water surface and thalweg elevations) for the tributaries and main stem Red River is also

needed to firmly establish expected impacts due to operation of the diversion and storage reservoir.

Diversion bed stability is a critical aspect of the long-term maintenance requirements for the Project, as

well as habitat for biota occupying the diversion channel. To optimize the design to minimize erosion,

optimize sediment transport and meet habitat requirements for biota within the channel, assessment of the

Project needs to include consideration of dimension, pattern, profile, and materials for the lower flow

channel.

Actual impacts to all of the channels associated with the Project will result from the hydrologic conditions

encountered, the operation of the various Project components and local and regional conditions and

context. As a result, there is a large measure of uncertainty, which will require an adaptive management

approach to optimize the Project’s benefits, minimize impacts, and identify changes resulting from the

project. A critical part of adaptive management is ongoing, responsive monitoring. Details of the

sampling design for monitoring channel changes, response actions and action thresholds need to be

developed and recommended to the permitting agencies.

The impact of the riparian vegetation decreases in the staging area is ultimately dependent on the timing

and duration of the inundation and will need to be monitored.

13. Water use

Will the project involve installation or abandonment of any water wells, connection to or changes in

any public water supply or appropriation of any ground or surface water (including dewatering)?

☒Yes ☐No

If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to

be made, and water quantities to be used; the source, duration, quantity and purpose of any

appropriations; and unique well numbers and DNR appropriation permit numbers, if known. Identify

any existing and new wells on the site map. If there are no wells known on site, explain methodology

used to determine.

It is likely that several private wells would be affected by the Project. Where structures and farmsteads

are removed, wells would be abandoned per applicable state regulations. Where wells that may be

affected by operation of the Project would remain, appropriate modifications would be made to prevent

contamination of groundwater/drinking water. The number and locations of affected wells would be

determined during the design phase of the Project.

There would be approximately six rural water line crossings/relocations in North Dakota. The relocation

and/or abandonment of these lines would be a local sponsor responsibility and this coordination effort is

now taking place. Work would occur in accordance with applicable federal, state and local drinking

water regulations.

Temporary de-watering may be required at sites where structures would be built (inlet control structure

and outlet to Red River, and at river crossings). Discharge of this water would be regulated per applicable

federal/state regulations as part of the construction contract. Homes purchased and removed as a result of

the Project would have their service lines cut and capped per applicable state/city regulations if they are

connected to a rural or municipal water supply system. The number of houses (if any) that may be

purchased would be determined as the plans are finalized.

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Impacts and mitigation measures for water use are potentially significant; however, the FFREIS and this

EAW adequately address the state’s concerns.

14. Water-related land use management district.

Does any part of the project involve a shoreland zoning district, a delineated 100-year flood plain, or

a state or federally designated wild or scenic river land use district? ☒Yes ☐No

If yes, identify the district and discuss project compatibility with district land use restrictions.

The Project would modify the 100-year flood plain within the metropolitan area and surrounding region.

Ongoing coordination is taking place between the local government units responsible for flood plain

management and FEMA. The Diversion Authority has developed a Land Management Plan that provides

guidance regarding mitigation of parcels impacted by flood stage increases in the staging area. The Plan

identifies mitigation decisions based on flood level thresholds at the 0-1, 1-3 and 3+ foot levels (see Table

3). These guides are subject to further evaluation in future versions of the Plan. The Diversion Authority,

USACE, and FEMA are currently in negotiation for a Memorandum of Understanding regarding CLOMR

requirements. Additional information on flood mitigation and FEMA requirements are proposed as part of

the EIS.

Table 3. Land Management Mitigation

Summary of Land Management Mitigation by Impact Category

Resource Type/Impact

Category

Identified Mitigation Actions Notes

Residential Properties

Residential - Stage

Increase Greater than 3

feet

Acquisition or relocation of homes In manner consistent

with Federal guidelines

and applicable state

eminent domain law

Residential - Stage

Increase Between 1 and 3

feet

Evaluate for non-structural measures, such as ring levees,

relocation, or elevating structures. Acquisition may be considered in

areas where risk and safety analysis indicated remaining in place

may be inappropriate.

Residential - Stage

Increase Less than 1 foot

Purchase flowage easements As per FEMA

regulations.

Agricultural Properties and Lands

Farmstead - Stage

Increase Greater than 3

feet

Similar process to residential. However,

offer buyout of property prior to

consideration of other options.

Farmsteads are tied to

their existing location, so

nonstructural measures

will be considered if it is

feasible to remain on

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site.

Farmstead - Stage

Increase Between 1 and 3

feet

Evaluate for non-structural measures, such as ring levees,

relocation, or elevating structures. Acquisition may be considered in

areas where risk and safety analysis indicated remaining in place

may be inappropriate.

Farmstead - Stage

Increase Less than 1 foot

Purchase flowage easements planned As per FEMA

regulations.

Agricultural Lands Acquisition of flowage easements planned Lands within the staging

area will be analyzed on

a property-by-property

basis. All agricultural

land not directly

impacted by the Project

can continue to be

farmed

Hydrology

During development of the FFREIS, the approach to hydrology for the Red River was updated. The

hydrology utilized the recommendations of an Expert Opinion Elicitation (EOE) panel that concluded the

region is in a wet cycle. The EOE panel included a field of experts in hydrology and hydraulics from

several Federal and State agencies that are familiar with the Red River watershed and climate change.

Based on this recommendation the period of record was broken into a dry cycle (1902-1941) and a wet

cycle (1942-2009) to develop the hydrology for the Project. The economic analysis used 100% of the wet

cycle hydrology for Year 0, an 80/20 wet/dry split for Year 25, and a 65/35 wet/dry split for Year 50. The

USACE hydrology also included a full Period of Record (POR) analysis that included records from 1902

to 2009 along with the historic 1897 flood event. The wet cycle hydrology is being used to assess how

the Project would operate.

The following table provides a summary of the FEMA effective hydrology as well as the hydrology

developed for the USACE feasibility study. Historic discharges are also provided for the 1997, 2006,

2009, 2010, and 2011 historic flood events. The project will revise the 1% floodplain and documentation

of theses revisions must be submitted to FEMA, including updated hydrology.

Table 4. FEMA Effective Hydrology.

Event RRN Discharge (cfs) at USGS

Gage at Fargo, ND

RRN Stage (ft) at USGS

Gage at Fargo, ND*

10-year FEMA 10,300 29.5

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Event RRN Discharge (cfs) at USGS

Gage at Fargo, ND

RRN Stage (ft) at USGS

Gage at Fargo, ND*

10-year USACE EOE

(Wet) 17,000 34.6

10-year USACE POR 13,865 32.3

50-year FEMA 22,300 36.6

50-year USACE EOE

(Wet) 29,300 39.9

50-year USACE POR 26,000 39.0

100-year FEMA 29,300 39.3

100-year USACE EOE

(Wet) 34,700 41.1

100-year USACE POR 33,000 40.8

500-year FEMA 50,000 43.5

500-year USACE EOE

(Wet) 61,700 43.1

500-year USACE POR 66,000 43.3

1997 Historic 28,000 39.7

2006 Historic 19,900 37.1

2009 Historic 29,500 40.8

2010 Historic 21,200 37.0

2011 Historic 27,200 38.8

Table Notes: Stages are source dependent: 1) Historic stages are from USGS recorded data; 2) FEMA

stages are from the effective Flood Insurance Study; 3) USACE stages are from the current existing-

condition-without-protection unsteady HEC-RAS model.

It is important to understand that there are different estimates of the synthetic event peak flow values

when considering what the post-Project floodplain maps will show. There will be some floodplain

mapping changes that are due to changes in the hydrology, not the Project.

The 100-yr floodplain would be reduced within the risk-reduction area. Downstream and west of the risk-

reduction area (downstream and outside of the diversion), the Project would not increase the floodplain

for events up through the 100-yr event. However, in these areas the goal is to maintain the existing 100-

yr floodplain as close as reasonably possible since floodplain storage is important in preventing

downstream impacts. Upstream of the tieback embankment (in and somewhat upstream of the staging

area), the Project would increase the floodplain for events greater than the 10-yr event since the Red River

and Wild Rice River control structure gates would be lowered and water would be stored upstream for

events greater than the 10-yr flood. The 10-yr, 20-yr, 50-yr, and 100-yr existing and with-Project

floodplains are shown in Figures 8, 9, 10 and 11. The Project has been and would continue to be

coordinated with local government units responsible for floodplain management and with FEMA.

Flood proofing Cost Savings Benefits

Currently, new development in the floodplain in Fargo and Cass County requires flood proofing to reduce

the threat of flood damage in the future and meet FEMA regulations. Urban development in the Project

area has been expanding and will continue to expand over the course of the planning period. Fargo’s

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population has grown from 47,000 in 1960 to over 93,000 in 2006, an average growth rate of over 2

percent per year (straight-line growth). Much of the area available for future growth is within the 100-

year floodplain and future development with the Project in place would benefit from the saving of flood

proofing costs in those areas removed from the floodplain. Flood proofing measures include raising the

grade of developable land with fill, waterproofing basement foundations, and building ring dikes around

developable parcels.

Impacts and mitigation measures for water-related land use management district resources are potentially

significant.

15. Water surface use.

Will the project change the number or type of watercraft on any water body? ☐Yes ☒No

If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or

conflicts with other uses.

During most flow conditions, the Project would have no effect on watercraft. The control structures on

the Red and Wild Rice Rivers would allow watercraft to pass except during floods when the gates are in

operation. Floods typically occur in March and April when river traffic is minimal, due in part to

extremely cold water and a higher than usual amount of debris in the water.

16. Erosion and sedimentation.

Give the acreage to be graded or excavated and the cubic yards of soil to be moved:

Acres = 6,000(+); cubic yards = 46 million.

Describe any steep slopes or highly erodible soils and identify them on the site map. Describe any

erosion and sedimentation control measures to be used during and after project construction.

The inside slopes of the excavated material berms would be constructed with 7:1 slopes. The outside

slopes of these berms would be built with 10:1 slopes. At the toe of slope on the inside slopes of the

excavated material berms, a 2% grade would be established up to the edge of the diversion channel. The

outer sideslopes of the diversion channel would be constructed with 7:1 sideslopes and the low-flow

channel at the base would have 4:1 sideslopes. Erosion and sediment control measures would be in

compliance with applicable construction permits. The soils in the Project area are not considered highly

erodible. The foundation soils typically consist of varying amounts of alluvium on top of the glacially

deposited lake clays. Near the river, more alluvium is present; outside of the river corridor, lake clays

exist. The foundation soils generally classify as low and high plasticity clays, with the majority being

high plasticity clays. High plasticity clays offer more resistance to erosive velocities than most other soil

types. Clays have internal strength that sands and most silts do not possess, making them more resistant

to erosion. Due to the lack of steep slopes and the high plasticity, soil erosion rates in the Red River

Valley are anticipated to be relatively slow.

Impacts and mitigation measures for erosion and sedimentation are potentially significant; however, the

FFREIS and this EAW adequately address the state’s concerns.

17. Water quality: surface water runoff.

a. Compare the quantity and quality of site runoff before and after the project. Describe permanent

controls to manage or treat runoff. Describe any stormwater pollution prevention plans.

28

b. Identify routes and receiving water bodies for runoff from the site; include major downstream

water bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of

receiving waters.

The Project would not change the quantity or quality of storm water runoff within the metropolitan area,

but it would alter existing drainage patterns where the diversion channel crosses existing surface drainage

systems. The Project would significantly reduce problems associated with riverine flooding throughout

the metropolitan area. The Project would be designed to have minimal effects on Red River flows up to a

10 percent flood event and safely convey larger flood flows around and through the metropolitan area.

The Project would result in significantly less erosion and pollution than the without-Project condition due

to the conversion of cropland to permanent vegetation and significant erosion and sediment generated as a

result of emergency measures currently used for flood fighting that would be required less frequently.

Water quality in the Red River of the North main stem is generally impaired for much of its length in the

continental U.S. Point and non-point sources of pollution result in high concentrations of several

pollutants. This results in non-support of aquatic life and overall use and partial support of swimming,

agriculture, and wildlife uses. These impairments are largely due to various agricultural activities, urban

runoff, septic systems, channelization, dredging, stream bank modifications, dams and other stressors.

Water quality within tributaries of the Project area faces similar limitations.

The removal of river substrate and the placement of rock would result in moderate increases in suspended

solids in the river water during the construction period. Once the construction has been completed, water

quality would return to pre-Project conditions. Erosion from storm water runoff from the terrestrial

construction areas also could have the potential to negatively impact surface water quality during

construction and until the area has developed a protective ground cover. In order to minimize any erosion

and sedimentation that could occur, a Storm Water Pollution Prevention Plan (SWPPP) would be

prepared for the site, and the measures indicated in the plan would be implemented. The SWPPP would

contain specific construction measures (e.g., silt curtains, silt fences, drainage swales, hay bales, etc.) to

reduce or eliminate runoff impacts during construction activities and reduce the potential for soil erosion

after construction. Best management practices (BMPs) as provided by the U.S. Environmental Protection

Agency (USEPA), Storm Water Pollution Prevention Plan Guidance from the North Dakota Department

of Health NDPDES program, or in the Minnesota Pollution Control Agency’s “Protecting Water Quality

in Urban Areas: A Manual” would be used. The construction contractor would also be required to

implement protective measures to prevent spillage of chemicals, fuels, oils, greases, bituminous materials,

waste washings, herbicides, insecticides, or any other materials associated with construction activities,

and keep these materials from entering drainages. With implementation of measures identified in the

SWPPP and the incorporation of BMPs to reduce spillage, the Project would be anticipated to have

temporary, minor adverse impacts on surface waters.

The Project would not be expected to substantially affect broad-scale channel stability and erosion. As

such, the Project would not be anticipated to have a substantial long-term adverse effect on water clarity

or water quality.

Impacts and mitigation measures for surface water runoff are potentially significant; however, the

FFREIS and this EAW adequately address the state’s concerns.

18. Water quality: wastewaters

a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater

produced or treated at the site.

b. Describe waste treatment methods or pollution prevention efforts and give estimates of

composition after treatment. Identify receiving waters, including major downstream water bodies

29

(identifying any impaired waters), and estimate the discharge impact on the quality of receiving

waters. If the project involves on-site sewage systems, discuss the suitability of site conditions for

such systems.

c. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe

any pretreatment provisions and discuss the facility's ability to handle the volume and composition of

wastes, identifying any improvements necessary.

The Project would likely impact Individual Sewage Treatment Systems (ISTS) near Project features and

in the staging area. Where ISTS are impacted, the Project would abandon, modify or replace them as

necessary to comply with applicable State and local regulations. Details would be developed during the

design phase of the Project.

Impacts and mitigation measures for wastewaters are potentially significant; however, the FFREIS and

this EAW adequately address the state’s concerns.

19. Geologic hazards and soil conditions

a. Approximate depth (in feet) to ground water: 5-feet minimum; average: 10-feet;

depth to bedrock: 190-200 feet minimum; average: 200-300 feet

Describe any of the following geologic site hazards to ground water and also identify them on the site

map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or

minimize environmental problems due to any of these hazards.

No sinkholes, shallow limestone bedrock, or karst topography conditions are known in the Project

vicinity.

b. Describe the soils on the site, giving NRCS (SCS) classifications, if known. Discuss soil texture

and potential for groundwater contamination from wastes or chemicals spread or spilled onto the

soils. Discuss any mitigation measures to prevent such contamination.

The majority of subsurface soils in the Project area are lake clays derived from glacial Lake Agassiz.

These soils are noted for their relatively high liquid limits and moisture contents. They are “tight”, poorly

drained and should not be excessively susceptible to infiltration from wastes or chemicals. By USCS

classification they are primarily fat clays with some silty interbeds. At the immediate ground surface

there typically exists an organic rich topsoil layer ranging from 1-4 feet in thickness. Locally,

alluvial/fluvial overbank deposits consisting of all grain sizes and heavily interbedded may be found, but

these are of limited horizontal extent and generally not more than 10-20 feet thick. The Project would

need to have an approved spill containment program per USACE requirements.

Impacts and mitigation measures for geologic hazards and soils are potentially significant; however, the

FFREIS and this EAW adequately address the state’s concerns.

20. Solid wastes, hazardous wastes, storage tanks

a. Describe types, amounts and compositions of solid or hazardous wastes, including solid animal

manure, sludge and ash, produced during construction and operation. Identify method and location of

disposal. For projects generating municipal solid waste, indicate if there is a source separation plan;

describe how the project will be modified for recycling. If hazardous waste is generated, indicate if

there is a hazardous waste minimization plan and routine hazardous waste reduction assessments.

b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to

be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials

30

will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize

or eliminate the waste, discharge or emission.

c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum

products or other materials, except water. Describe any emergency response containment plans.

Phase 1 Environmental Site Assessments (ESAs) are currently in progress for the proposed diversion

alignment. Additional Phase 1 ESAs would be conducted at all Project locations and throughout the

staging area. The results from those assessments would be used to implement any Phase 2 investigations

that may be necessary. All construction activities would require an approved spill containment program.

As properties are purchased and inventoried, any hazardous or toxic substances would be disposed of per

applicable regulations by a qualified contractor. The number, location, size, etc. of any above or below

ground storage tanks would be mostly defined by the Phase 1 ESA. If any additional tanks or other

environmental hazards are discovered during the purchase process they would be dealt with at that time.

Impacts and mitigation measures for solid wastes, hazardous wastes and storage tanks are potentially

significant; however, the FFREIS and this EAW adequately address the state’s concerns.

21. Traffic.

Parking spaces added:

Existing spaces (if project involves expansion):

Estimated total average daily traffic generated:

Estimated maximum peak hour traffic generated and time of occurrence:

Indicate source of trip generation rates used in the estimates.

If the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500, a traffic

impact study must be prepared as part of the EAW. Using the format and procedures described in the

Minnesota Department of Transportation’s Traffic Impact Study Guidance (available at: Minnesota

Department of Transportation’s website, Resources section:

http://www.dot.state.mn.us/accessmanagement/pdf/manualchapters/chapter5.pdf) or a similar local

guidance, provide an estimate of the impact on traffic congestion on affected roads and describe any

traffic improvements necessary. The analysis must discuss the project’s impact on the regional

transportation system.

Much of the following is based on the FFREIS.

The Project itself is not considered a generator of traffic. A number of rural section line roads would be

impacted with some roads being cut off at the diversion channel. The diversion alignment intersects

approximately 30 existing roads. Approximately 19 new bridges would be constructed across the

diversion channel alignment. Interstate 29 and U.S. Highway 75 would be raised through the staging

area.

The overall traffic patterns would remain largely the same. However, consolidation of traffic at the bridge

crossings of the diversion channel will occur. The roadways being cut off at the diversion channel are

low volume township roads with typically less than 100 vehicles per day. Therefore, the increase in

traffic volumes at the bridge crossing locations is anticipated to be minor.

The Project would result in the modification of traffic patterns for local residences and farmsteads that are

close to the diversion channel alignment. Altered traffic patterns may result in increased volumes on

corridors not planned or designed to carry increased loads. At these specific locations, roadway

improvements may be required. It is important to note that the selected bridge crossing locations would

limit the overall impact to through traffic intersecting the diversion.

31

In some locations, farm fields would be bisected by the diversion channel, which may result in “remnant”

parcels that are separated from the associated farm operations. Owners of such parcels would be given a

purchase offer in accordance with the Uniform Act (see Item 6 for discussion of the Land Management

Plan). In cases where ownership of the parcel remains intact, additional transportation time for farm

equipment and modifications to parcel access may be necessary. These changes would result in minor

impacts to daily traffic patterns.

A large amount of land upstream of the diversion inlet would be used for staging water during high flows.

As a result, a number of residences and farmsteads would be acquired. Traffic patterns in the staging area

would change permanently. Much of this area, currently used for access to local residences, would be

used as a throughway for those commuting to and from the metropolitan area on Interstate 29, or to and

from locations to the east or west. During high flows, water in the staging area would prevent commuting

along east-west routes. Interstate 29 and Minnesota Highway 75 would be elevated so that traffic can

continue during high flows. The railroad bridge at this location would also be raised.

With the diversion channel in place, the need to close highway and railroad bridges and the airport during

high water events would be significantly diminished when compared to the without-Project condition.

Project construction could have some short-term negative impacts on normal community traffic patterns

due to the construction activity and truck hauling. These effects would be attenuated through the

appropriate placement of construction and safety signage and use of road detours. These effects would be

temporary and would terminate when Project construction is complete.

Bridges would be constructed approximately every three miles to cross the proposed diversion channel.

These bridges would provide access for emergency vehicles, school bus routes, postal workers and local

traffic. Bridges would be constructed prior to excavation of the diversion channel to minimize impacts to

traffic.

Impacts and mitigation measures for traffic are potentially significant; however, the FFREIS and this

EAW adequately address the state’s concerns.

22. Vehicle-related air emissions.

Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels.

Discuss the effect of traffic improvements or other mitigation measures on air quality impacts.

The existing traffic volumes are not anticipated to increase or decrease appreciably as a result of Project

construction. Traffic patterns would shift slightly as a result of the consolidation of some roadways to the

routes containing bridges over the diversion channel. These shifts involve primarily local traffic and

would cause changes in travel routes. It is not anticipated that the Project would have any long term

impacts on air emissions.

23. Stationary source air emissions.

Describe the type, sources, quantities and compositions of any emissions from stationary sources of

air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air

pollutants (consult EAW Guidelines for a listing) and any greenhouse gases (such as carbon dioxide,

methane, nitrous oxide) and ozone-depleting chemicals (chloro-fluorocarbons, hydrofluorocarbons,

perfluorocarbons or sulfur hexafluoride). Also describe any proposed pollution prevention techniques

and proposed air pollution control devices. Describe the impacts on air quality.

The constructed Project would not be a source of air emissions.

24. Odors, noise and dust.

32

Will the project generate odors, noise or dust during construction or during operation? ☒Yes ☐No

If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to

mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts

on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated

by operations may be discussed at item 23 instead of here.)

The following information is taken from the FFREIS.

Air Quality

The USEPA has established primary and secondary National Ambient Air Quality Standards (NAAQS)

under the provisions of the Clean Air Act (CAA). The CAA not only established the NAAQS, but also

set emission limits for certain air pollutants from specific sources, set new source performance standards

based on best demonstrated technologies, and established national emissions standards for hazardous air

pollutants.

The USEPA classifies the air quality within an air quality control region according to whether the region

meets or exceeds Federal primary and secondary NAAQS. Primary standards define levels of air quality

necessary to protect public health with an adequate margin of safety. Secondary standards define levels

of air quality necessary to protect public welfare (i.e., soils, vegetation, and wildlife) from any known or

anticipated adverse effects of a pollutant. Federal NAAQS are currently established for seven pollutants

(known as “criteria pollutants”); including carbon monoxide (CO), nitrogen dioxide (NO2), ozone (O3),

sulfur dioxide (SO2), lead (Pb), particulate matter equal to or less than 10 micrometers in aerodynamic

diameter (PM10), and very fine particulate matter (PM2.5).

The metropolitan area is considered a NAAQS Attainment Area for all air quality parameters (USEPA

2009). This indicates existing concentrations of air pollutants are below the established standard(s) and

limited increases in emissions are allowable. Therefore, the General Conformity Rule under the CAA

does not apply.

The North Dakota air quality standards are the same as those established by the USEPA, except for a

more restrictive sulfur dioxide level. North Dakota’s Air Quality Program includes a Fugitive Dust

Control Regulation, Chapter 33-15-17 which is primarily complaint driven (North Dakota Department of

Health 2009; Bachman 2009). Cass County, North Dakota’s Dust Control Guidelines pertain to dust

control on county or local roads (Cass County Highway Department 2004). Fargo has a Nuisance

Ordinance that includes the generation of fugitive dust. However, no particulate values are included in

the ordinance. Implementation of the ordinance is complaint driven. If complaints are received, the City

works with parties involved to resolve the issue. The ordinance is interpreted more loosely for

construction related dust issues (Shocker 2009).

Heavy equipment would produce small amounts of hydrocarbons in exhaust emissions compared to total

hydrocarbon emissions in the area. The construction contractor would be required to maintain the

vehicles on the sites in good working order to minimize exhaust emissions. Fugitive dust could also

result from construction activities, so contractors would be required to conduct dust suppression activities.

Adverse impacts to air quality resulting from the activities would be minor and short term in nature.

The Minnesota air quality standards are the same as those established by the CAA, except for more

restrictive levels of Sulfur Dioxide, Small Particulates and Lead. Clay County, Minnesota does not have

a specific air quality regulation or fugitive dust ordinance. Fugitive dust is regulated under permits issued

when doing construction/development. Fugitive dust issues are also addressed on a complaint basis. If a

33

fugitive dust problem is identified, the County would work with the contractor to remedy the situation

(Magnusson 2009).

Impacts and mitigation measures for odors, noise and dust are potentially significant; however, the

FFREIS and this EAW adequately address the state’s concerns.

25. Nearby resources.

Are any of the following resources on or in proximity to the site?

Archaeological, historical or architectural resources? ☒Yes ☐No

Prime or unique farmlands or land within an agricultural preserve? ☒Yes ☐No

Designated parks, recreation areas or trails? ☒Yes ☐No

Scenic views and vistas? ☐Yes ☒No

Other unique resources? ☐Yes ☒No

If yes, describe the resource and identify any project-related impacts on the resource. Describe any

measures to minimize or avoid adverse impacts.

There are prehistoric archeological, historic archeological and architectural sites within the Project area.

A Programmatic Agreement Among the U.S. Army Corps of Engineers, St. Paul District, the North

Dakota State Historic Preservation Officer, and the Minnesota Historic Preservation Officer Regarding

the Fargo-Moorhead Metro Flood Risk Management Project, Cass County, North Dakota and Clay

County, Minnesota was signed in June and July 2011. This programmatic agreement stipulates what the

USACE must do to comply with Section 106 of the National Historic Preservation Act in connection with

the Project.

Stipulation A requires the use of professionally qualified archeologists, historians, and

architectural historians to conduct or directly supervise all cultural resources identification,

evaluation, and mitigation related to the Project.

Stipulation B requires contractors to conduct a literature and records search of the site and

previous survey report files at the appropriate State Historic Preservation Office.

Stipulation C requires the USACE or the non-Federal sponsors or their contractors to conduct

a Phase I cultural resources investigation of all previously uninventoried Project areas to

locate any cultural resources within the Project’s area of potential effects.

Stipulation D requires the USACE or its contractors to evaluate the National Register of

Historic Places eligibility of all cultural resources sites or structures over 50 years old located

within the Project area.

Stipulation E requires the USACE to avoid or minimize Project-related adverse effects to

historic properties (National Register eligible or listed sites, structures, buildings, districts, or

objects) to the extent practicable. Where adverse effects due to the Project are not avoidable,

the USACE would mitigate the adverse effects.

Stipulation F specifies that the USACE would follow NAGPRA for federal or tribal lands and

the appropriate state’s burial laws for all other lands if a burial is encountered in the Project

area.

Stipulation G requires the USACE to consult and coordinate with Indian tribes regarding the

Project to identify sites of traditional religious or cultural importance to the tribe within the

Project area.

Stipulation H requires that all artifacts collected during survey, evaluation, and mitigation

conducted for the Project, which are not returned to their landowners, are curated at a facility

meeting 36 CFR Part 79.

34

Stipulation I recommends monitoring of construction earthwork at areas near rivers, which

have high potential for deeply buried archeological resources, by a qualified professional

archeologist in order to minimize or avoid construction delays.

Stipulation J deals with discoveries of buried cultural resources during Project construction.

The Phase I cultural resources investigation of the Project area started in 2010 and is ongoing, with survey

areas added as the Project area is shifted and further defined. To date, 12 prehistoric archeological sites,

23 prehistoric isolated artifacts, 14 historic archeological sites, 11 architectural sites, and 11 linear

resources (railroads, highways, drains/ditches) have been identified in the North Dakota portion of the

Project area and 1 prehistoric archeological site, and 1 historic archeological site lead (Red River trail

21Cyr) have been identified in the Minnesota portions of the Project area.

Phase II testing and evaluation contracts have been awarded for archeological sites located in the Project

area from the diversion outlet to the Maple River. Cultural resources work on the Project’s staging area

and any in-town levee alignments would be completed prior to construction as required by the

Programmatic Agreement. The staging area is included as part of the Project’s area of potential effects in

the 5th WHEREAS clause to the Programmatic Agreement and all stipulations of the agreement (see

above) apply equally to the staging area. An Amendment to the Programmatic Agreement, which would

add the in-town levees and environmental mitigation areas to the Project’s area of potential effects, is

being routed for signatures. The TCP study for the Project included the staging area.

Phase I cultural resources survey of the staging area was not started until the Project’s southern alignment

from the Red River to the Sheyenne River was decided upon. There are two National Register of Historic

Places listed historic properties in the area which would be affected by the Project: the Comstock Public

School in Comstock, MN and the Bernard Bernhardson House (log cabin) along the Red River in the

Comstock vicinity. Any unavoidable adverse effects from Project operation to these historic buildings

would be mitigated per Stipulation E of the Programmatic Agreement. Other known cultural resources

sites in the area include four additional buildings in Comstock and five prehistoric archeological sites in

Minnesota and leads to three historic archeological sites and one log cabin in North Dakota.

Construction of levee and floodwall features in Fargo may result in impacts to parks, recreation areas, or

trails. Other levees already in place would also be certified as part of the Project. For example, the City

of Fargo is currently constructing a levee that will impact Mickelson Field (see Figure 3 above); this levee

would be certified through the proposed Project. As part of the separate ongoing levee construction

project, the city is working with the Fargo Parks District to mitigate the impacts (including potential

relocation of ball fields). With a commitment in place to manage and enhance recreational features

surrounding the Project, the Diversion Authority is currently developing a Recreation Master Plan to

address potential recreational impacts.

The Farmland Protection Policy Act (FPPA) requires that potential impacts to prime farmlands be

identified and avoided as possible for federally funded projects. Coordination has been done with the

United States Department of Agriculture – Natural Resource Conservation Service to identify the quantity

of Prime and Unique Farmland that would be impacted by the Project. Through this coordination it was

determined that approximately 80-90% of the farmland in the Project footprint is considered prime and

Unique farmland. Also see Appendix F Environmental Section 1.5 of the FFREIS. Farmland impacts are

described in response to Item 9.

Impacts and mitigation measures for archaeological and cultural resources are not expected to be

significant.

26. Visual Impacts

Will the project create adverse visual impacts during construction or operation? Such as glare from

35

intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or

exhaust stacks? ☐Yes ☒No

If yes, explain.

These impacts are not expected to be significant and this topic will not be included in the EIS.

27. Compatibility with plans and land use regulations.

Is the project subject to an adopted local comprehensive plan, land use plan or regulation, or other

applicable land use, water, or resource management plan of a local, regional, state or federal agency?

☒Yes ☐No

If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will

be resolved. If no, explain.

The Project is sponsored by a federal agency (USACE), and the Diversion Authority (consisting of Cass

County (ND), Clay County (MN), city of Fargo (ND), city of Moorhead (MN), Cass County (ND) Joint

Water Resources District, and the Buffalo-Red River Watershed District (MN)). Coordination with all

affected units of government is ongoing as part of Project development. The following local

comprehensive plans and resource management plans are relevant to the area of the Project:

The City of Fargo adopted its current Comprehensive Plan in 2012. Permanent flood protection

(including the Project) was identified as a top priority in the plan. The City also prepared a

Citywide Comprehensive Flood Protection Plan in 2012.

The City of Moorhead updated its 2004 Comprehensive Plan in 2009.

Cass County, ND adopted its Comprehensive Plan in 2005.

Clay County, MN updated its Comprehensive Plan in 2001.

The Buffalo Red River Watershed District (BRRWD) revised Watershed Management Plan

(WMP) was approved by the Minnesota Board of Water and Soil Resources in June 2010.

The Red River Basin Commission prepared a Natural Resources Framework Plan (NRFP) in

2005 which articulated basin-wide goals for the reduction of risk for flood damages for people,

property, and the environment in the main stem floodplain and in tributary waters. The RRBC

followed up its NRFP in 2011 with the Long Term Flood Solutions (LTFS) report (September

2011), which identified the metropolitan area as one of the “most critical areas of the basin”

which “must be addressed as soon as possible.” The LTFS provides recommendations for action

in support of the Project.

Outreach was conducted in the form of email and/or telephone calls to the associated agencies (as part of

research for Item 29) to confirm that the goals and policies described in these plans are compatible with

the Project. The City of Moorhead, City of Fargo, Clay County, Cass County and Buffalo-Red River

Watershed District have established development goals and objectives to alleviate the impacts of

flooding. The City of Moorhead and City of Fargo plans make reference to levees, flood walls, dikes,

diversions and property buyouts, all of which are components of the proposed Project.

Impacts and mitigation measures for compatibility with plans and land use regulations are not expected to

be significant; however, additional analysis and detail beyond that provided in the Scoping EAW and

FFREIS will be provided in the EIS.

28. Impact on infrastructure and public services.

Will new or expanded utilities, roads, other infrastructure or public services be required to serve the

project? ☒Yes ☐No.

36

If yes, describe the new or additional infrastructure or services needed. (Note: any infrastructure that

is a connected action with respect to the project must be assessed in the EAW; see EAW Guidelines

for details.)

Existing roads, utilities and surface drainage systems would be modified as necessary where they intersect

the Project. Approximately 19 bridges would be constructed over the diversion channel to replace

existing roadways. Other roadways would be terminated at the diversion channel and routed to other

existing roadways. These features are included in the overall Project description in Item 6.b. of this

EAW.

There would be a non-public roadway constructed parallel to both sides of the diversion that would be

used for inspection and maintenance of the channel. There would be several hydraulic structures

constructed along the diversion channel, and some would require electric power to operate gates, pumps,

or other features.

An Operations Plan for the Project has not been drafted yet. The Diversion Authority would receive the

Project from the USACE when complete along with plans to operate the Project with Diversion Authority

staff. The Diversion Authority would anticipate receiving a set of rules or guidelines for operation and

maintenance of the Project which would be required to be adhered to according to agreements between

the Diversion Authority and the USACE.

Impacts and mitigation measures for infrastructure and public services are not expected to be significant.

29. Cumulative potential effects.

Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU consider the "cumulative

potential effects of related or anticipated future projects" when determining the need for an

environmental impact statement.

Identify any past, present or reasonably foreseeable future projects that may interact with the project

described in this EAW in such a way as to cause cumulative potential effects. (Such future projects

would be those that are actually planned or for which a basis of expectation has been laid.)

Describe the nature of the cumulative potential effects and summarize any other available information

relevant to determining whether there is potential for significant environmental effects due to these

cumulative effects (or discuss each cumulative potential effect under appropriate item(s) elsewhere

on this form).

As part of the outreach to local planning agencies for Item 27, information was requested for any past,

present, or reasonably foreseeable projects. The projects that were identified as most likely to interact

with the Project were for related drainage or flood protection projects that have been or will be built or

implemented complementary to the Project’s goals.

Examples of some of the responses resulting from this effort include the following:

The City of Fargo Comprehensive Flood Protection plan1 includes acquisitions and flood risk

reduction projects within city limits totaling approximately $250 million in value. These separate

projects support the goals of the proposed diversion, with a portion of the projects included as part of

the increased flow through town elements of the Project.

1Fargo Comprehensive Flood Protection Plan found at:

http://www.cityoffargo.com/CityInfo/Departments/Engineering/FloodControlProjectsandProtection/CitywideCompr

ehensivePlan/

37

Similarly, the City of Moorhead has several flood mitigation projects planned, with total value of

approximately $24 million. These projects or acquisitions are also complementary to the goals of the

Project.

The Cass County Joint Water Resources District identified a pair of near term (by 2014) projects to

reconstruct portions of Cass County Drains #13 and 14. Standard NPDES permitting requirements

are followed to minimize potential adverse effects from this drain maintenance work.

County Engineers from Cass County and Clay County indicated no impacts in conflict; generally

projects consisted of routine, scheduled roadway maintenance actions that do not affect drainage.

Due to the connected nature of the projects identified above and Project, significant cumulative effects are

generally not anticipated There is however a potential for cumulative potential effects to the floodplain

water-related land use management district from the Project and other flood mitigation and flood damage

reduction projects. The specific nature or extent of these effects has not yet been identified. Further

information on this topic is proposed as part of the EIS.

30. Other potential environmental effects

If the project may cause any adverse environmental impacts not addressed by items 1 to 28, identify

and discuss them here, along with any proposed mitigation.

Dam Safety

Loss of life would be reduced at Drayton Dam mitigation project and significantly reduced in the

metropolitan area during frequent flood fights that would no longer be necessary. However, the Project’s

Red River control structure combined with the tie-back levees are classified by the State of Minnesota as

a Class I Dam based on a high potential for loss of life in the unlikely event that the Project would fail or

be operated improperly. Additional information regarding Project operation and contingency plans will

be provided in the EIS.

Mitigation

Specific mitigation measures have been identified, such the low flow channel within the diversion, and

other mitigation measures are still conceptual, such as the forest replacement. In some cases there is not

complete agreement on whether or not mitigation is needed or if proposed mitigation is suitable. The table

below identifies some mitigation actions that have been discussed or proposed. The USACE has proposed

the use of an adaptive management program to address potential uncertainty of environmental effects. A

successful adaptive management program identifies specific monitoring and reporting requirements with

triggers or standards that indicate adaptation is needed. In addition specific adaptations or menus of

adaptation, and identification of triggers/thresholds for implementation are needed as well as

identification of responsible parties for all aspects of the adaptive management plan. The availability of

financial assurance for actions should also be considered. Additional information on mitigation measures,

suitability, and adaptive management are proposed as part of the State EIS.

Table 5: Environmental Impacts and Proposed Mitigation Actions

Resource Impact Type Impact Mitigation Action Category

Red River Aquatic

Footprint

14 acres Stream Restoration/Aquatic Habitat

Wild Rice

River

Aquatic

Footprint

11 acres Stream Restoration/Aquatic Habitat

Sheyenne

River

Aquatic

Footprint

8 to 9 acres Stream Restoration/Aquatic Habitat

38

Resource Impact Type Impact Mitigation Action Category

Maple River Aquatic

Footprint

11 acres Stream Restoration/Aquatic Habitat

Rush River Channel

Abandonment

2.3 miles

abandoned from

where the

diversion starts on

the west side to the

Sheyenne river

Sinuous low-flow channel in the

diversion channel

Lower Rush

River

Channel

Abandonment

2.7 miles

abandoned from

where the

diversion starts on

the west side to the

Sheyenne river

Sinuous low-flow channel in the

diversion channel

Red River Connectivity Portions of

hydrograph w/

complete

disconnect

Biotic Connectivity - Reduce

frequency of operation by constructing

in-town levees.

Red River Connectivity Hydrograph for

floods above

17,000 cfs at least

partially impeded

Biotic Connectivity - Construct

Drayton Dam Fish Passage. Reduce

frequency of operation by constructing

in-town levees.

Wild Rice Connectivity Portions of

hydrograph w/

partial or complete

disconnect

Biotic Connectivity - Construct Wild

Rice Dam Fish Passage.

Project area Wetlands 1,700 acres Wetland Creation

Project area Forest 131 acres Floodplain Forest Restoration

31. Summary of issues

Do not complete this section if the EAW is being done for EIS scoping; instead, address relevant

issues in the draft Scoping Decision document, which must accompany the EAW.

List any impacts and issues identified above that may require further investigation before the project

is begun. Discuss any alternatives or mitigative measures that have been or may be considered for

these impacts and issues, including those that have been or may be ordered as permit conditions.

39

RGU CERTIFICATION. (The Environmental Quality Board will only accept SIGNED Environmental

Assessment Worksheets for public notice in the EQB Monitor.)

I hereby certify that:

The information contained in this document is accurate and complete to the best of my

knowledge.

The EAW describes the complete project; there are no other projects, stages or components

other than those described in this document, which are related to the project as connected

actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9b and 60,

respectively.

Copies of this EAW are being sent to the entire EQB distribution list.

Signature

Date

Title

Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at

the Minnesota Department of Administration, Office of Geographic and Demographic Analysis. For

additional information, worksheets or for EAW Guidelines, contact: Environmental Quality Board, 658

Cedar St., St. Paul, MN 55155, 651-201-2492, or visit the EQB's website: http://www.eqb.state.mn.us.


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