1.1 NEPA

 

NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carrying out the policy. The Act contains provisions to make sure that federal agencies act according to the letter and spirit of the Act.

 

NEPA procedures must insure that environmental information is available to public officials and citizens before decisions are made and before actions are taken. The information must be of high quality. Accurate scientific analysis, expert agency comments, and public scrutiny are essential to implementing NEPA. Most important, NEPA documents must concentrate on the issues that are truly significant to the action in question, rather than amassing needless detail.

 

The NEPA process is intended to help public officials make decisions that are based on an understanding of environmental consequences, and take actions that protect, restore, and enhance the environment.

 

What Triggers NEPA?

 

Proposing any Federal action triggers NEPA.  When an action is proposed, the applicant must help the agency answer the following question:

 

Might this proposed action be a major Federal action significantly affecting the quality of the human environment?

 

The proponent of the action provides site specific environmental information to the agency.  Based on the information disclosed, the agency has several levels of response:

 

1.  Effects not significant—Categorical Exclusion (CATEX).  The agency completes Form 1940-22 or 1794 Exhibit H.

 

2.  Effects uncertain-Environmental Assessment (EA). 

 

a.     Class I, agency completed 1940-21.

b.     Class II, agency completes a written Class II assessment following Exhibit H of Instruction 1940-G or

c.     Conduct an Environmental Assessment in accordance with Part 1794

 

3.  Effects significant-Environmental Impact Statement (EIS).

 

NEPA’s Two Compliance Requirements:

 

1.  Agencies must make informed decisions.

2.  Agencies must involve the public in the NEPA procedures.

 

What is the Area of Potential Impact for a Project?

 

NEPA and the evolving case law on NEPA require agencies to look at potential impacts from a spatial perspective and from a temporal perspective.

 

From a spatial perspective, the agency has to identify and then assess actions both within the project area and on nearby properties, whether these other properties are owned by the Federal government, states, counties, or private citizens.

 

How far does this spatial area of potential impacts extend?  Every project is different.  The courts expect agencies to make a good faith, honest effort to address the potential impacts.  So, for each project, take the map for your proposed project and draw in your best estimate of the surrounding area that you need to address.

 

From a temporal perspective, the agency has to look at all past, present, and reasonable foreseeable activities, regardless of whose land these activities have or will take place on.  The crucial phrase here is “reasonably foresee”.  Again, the courts expect a good faith, honest effort.

 

As an example of the reasonable foreseeable requirement, assume that an applicant is asking the agency to fund infrastructure improvements in a water supply system.  The direct impacts would occur when pipe is laid and land disturbed.  Indirect but still foreseeable impacts would occur if these improvements permitted nearby landowners to open up their land for development.  The agency has to analyze the potential impacts of this land development even though it is not on Federal land nor will it be financed by the agency.

 

If you assess the potential impacts, both spatially and temporally, you will have complied with the legal mandate that you address the cumulative impacts of a proposed project.

 

Cumulative Impacts

 

An important element of USDA program management is the examination of major environmental impacts for the cumulative effects of USDA assisted projects over several years.  A single activity might produce negligible effect on the environment; however, a series of similar activities may produce significant cumulative effects on certain aspects of the environment.  USDA officials must deal with these potential cumulative effects, determining which programs are most relevant and which impacts are of most concern.  This cumulative impact analysis need not be exhaustive; its purpose is to determine if individual USDA actions are having a cumulative impact to the extent that location changes or other modifications are need in USDA funding and individual actions.

 

Individual development decisions often combine in complex ways.  Their total impacts, with respect to social, economic, public service and environmental effects, may not be simply additive, but may produce results greater than and different from the sum of their parts.  Extensive development may lead to fundamental changes in the character of the community.  For example, a semi-rural community on the perimeter of a metropolitan area often can maintain its small town character with the addition of a few small residential or commercial projects.  But at some point in the growth cycle as more and more developments occur the character of the population and its demand for public service may change substantially, requiring changes in the structure of public services.  At that point, the whole tenor of community life may be transformed.

 

Consideration and analysis of cumulative impacts should be a continuing process during decision making regarding the allocation of available program resources.  USDA program managers should use annual or periodic operation plans or other management tools to target or allocate funds, personnel and other resources in accordance with appropriate analyses of potential cumulative project impacts.

 

The analysis should focus on USDA programs that involve repetitive actions with the most likely potential for cumulative impacts.  These include housing programs and community and business programs.  The location of past USDA investments in these programs should be overlaid with locations of particularly important State resources.  For example, what, if any, relationship exists between housing investment locations in the State and rates of conversion of important farmland at these locations?  This comparison also applies to other land uses such as floodplains and wetlands.  Similarly, the density of new residential, commercial, and industrial development or populations in areas with USDA assisted rural water distribution projects may be compared with new construction densities or populations in like areas not served by rural water distribution projects.

 

Suggestions on Completing Environmental Reviews

In addition to satisfying the National Environmental Policy Act, the environmental review functions as a useful planning and decision making tool.  The most benefit is derived when the environmental review is done early in a project’s planning stages, when alternatives are available and mitigation measures are most flexible.  Prepared at the proper time, an environmental review can have a meaningful and positive impact on the project.  However, postponing the environmental review until after the planning is completed and the decision is all but made reduces the review’s usefulness to the point of frustration for both the Agency and the applicant.

 

The following are suggestions to improve the overall process and avoid situations where the obligation cannot be made until the environmental requirements are satisfied.

 

1.  Begin the environmental review as early as possible.  Encourage the applicant to provide environmental information with the submission of the pre-application.  With the prospect of available funds, the additional work done up front should not create unreasonable exceptions for the applicant.

 

2.  Early in the processing, counsel the applicant and their consultant on the information needed.  When the information is submitted, begin to develop the environmental assessment immediately.  If information is incomplete, avoid returning for minor deficiencies if the preparer can obtain the missing data using USDA resources or telephone contacts.

 

3.  Keep documentation concise and to the point.  Identify the environmental resources, indicate nature of impacts (direct or indirect), if any, and make a determination on the extent of the impact on the resource.  If necessary, specify alternatives to avoid impacts and/or mitigation measures taken to lessen the impacts.   Use cross references to environmental material (i.e. Natural Resources Management Guide) and document any telephone contacts.

 

4.  Use restrictions should only be applied when appropriate to mitigate adverse impacts.  If impacts are minimal, use restrictions may not be necessary.

 

5. The preparer can use reference materials (i.e. soils survey and list of important farmland soils) to identify important farmland.  If important farmland is not present, a contact with Natural Resource and Conservation Service (NRCS) is not necessary.  Your review of the above mentioned soils information should be documented.  If important farmland may be present, obtain NRCS confirmation and Land Evaluation and Site Assessment Form (LESA) Form 1006.

 

6. Publish the Preliminary Public Notice as soon as it is evident that the project may impact an important land resource (floodplain, wetland, or important farmland).  The initial identification need not be precise regarding the amount and location; but should clearly identify the type(s) and general location of the resource(s).  This initial identification may be based on any reliable source of information including the personal observations or knowledge of the preparer or applicant.  The location and amounts of the important land resources will be formally identified or confirmed during the preparation of the assessment.

 

7. Make any necessary third party contacts (e.g. technical experts) as soon as possible.  It is not necessary to wait until the project is fully designed to begin making the contacts.

 

MITIGATION ACTIONS

 

Five types of mitigation measures are defined in the CEQ Regulations:

 

1. Avoid the adverse condition; change the location, change the timing, change the technology, eliminate some portion of the project.

 

2. Minimize impacts by limiting degree or magnitude; downsize the project or use smaller, less noisy, fewer pieces of equipment

 

3. Rectify the impact; restore a disturbed wetland; re-contour slopes to natural conditions.

 

4. Reduce or eliminate impact over time; reseed an eroded slope, install riprap to keep slope from eroding.

 

5. Compensate for the impact; create or improve wetland off-site, create new wildlife habitat, trade off air quality permits

 

Mitigation must be specific, enforceable, and effective in reducing impacts.

 

Mitigation Requirements

 

Mitigating actions can often make an unreasonable alternative reasonable (or practicable).  A practicable alternative is one which:

          -meets the minimum mission objectives

          -meets the minimum environmental standards from the substantive laws

          -is technically feasible

          -is economically feasible

          -is socially acceptable

          -is legally implement able

 

Mitigation actions:

 

Reduce or eliminate environmental impacts, thus

 

          -reducing or eliminating public controversy

          -reducing or eliminating agency objections

          -reducing level of documentation from EIS to EA

 

Help to create a viable range of alternatives.  They must be adopted in a legally binding document—a permit, a FONSI, a contract, or a real estate instrument (deed of transfer, lease, or license).

 

PUBLIC NOTICES

 

Applicable Public Notice Comment Periods for Notices:

 

Notice:                                                       Period:

 

Preliminary notice                                 30 days

 

Final flood/wetland notice                    15 days

 

Notice of finding of no

significant environmental impact         15 days

 

Private party notification                       None

 

USDA Public and Private Notification Requirements

 

This section will discuss the agency’s public and private party notification requirements and discuss the reasons why they are required.  It is important to understand these requirements as in some circumstances failure to make the proper notification can delay the approval of a project.

 

Types of Notices

 

There are two types of notices which must be given, PRIVATE PARTY and PUBLIC.  Other than that both are notices, they have nothing in common.

 

Private Party Notification

 

Private Party Notification is provided by a Federal agency.  It is a requirement of Executive Order 11988, Floodplains Management, and has nothing to do with environmental issues.  It is notification of the financial risk of investing in a floodplain or wetland.

 

Private Party Notification is required whenever any financial transaction guaranteed, approved, regulated, or insured by a Federal agency is in or pertains to a property located in a floodplain or wetland, and a private party is involved as an applicant, purchaser, or financier.  It is a requirement that a federal agency notify private parties involved in projects located in a floodplain or wetland that they are putting their money at risk by investing in these areas.

 

In the case of a guaranteed loan, it is the responsibility of the federal agency (USDA) to notify the lending institution and require the lending institution to provide the requisite notice to buyers or applicants.

 

To reiterate, Private Party Notification:

 

          1.  Is provided by a Federal agency;

          2.  To private parties participating in a floodplain action;

          3.  Of the hazards associated with locating structures in a floodplain or wetland; and

          4.  Is required regardless of the type of assessment.

 

Public Notice

 

USDA requires that Public Notices be provided by the applicant.  Public Notice is required by the National Environmental Policy Act and/or several of the other laws, Executive Orders, and regulations upon which the agency’s Environmental Program is based.  Its purpose is to ensure interested citizens are:

 

          1.  Kept aware of the environmental status of a project;

          2.  Have the opportunity to participate in environmental reviews before decisions are made; and

          3.  Have access to environmental documents supporting those decisions.

 

Why do a public notice?  Public notice is intended to foster public involvement in Federal decisions which affect environmental resources.  The objective is to provide sufficient information so that the public can have an impact on the outcome of the decision.  This is accomplished by providing interested citizens adequate information, the opportunity to review and comment, and an accounting of the rationale for proposed actions affecting environmental resources before decisions are made.

 

Public notice must be given by publication, individual copy, or posting at a readable location on the project site.  Posting is required only for a notice announcing a public information meeting.

 

1. Publication

 

If the notice is to be published, it must be:

          a.  In a newspaper of general circulation in the vicinity of the project, AND

          b.  In any local or community oriented paper.

          c.  Published for 3 consecutive days in a daily paper, or in 2 consecutive issues if other than daily.

          d.  In easily readable type.

          e.  Located in the NON-classified section of the paper.

          f.   Be published bilingually if in a bilingual area.

 

2. Individual Copies

 

Individual copies of the public notice must be sent to:

 

          a.  The EPA regional office serving the area.

          b.  State single point of contact under E. O. 12372 (Clearinghouse)

          c.  SHPO.

          d.  State and Federal agencies providing financial assistance or issuing permits.

          e.  Affected Indian tribes.

          f.  Affected property owners.  An affected property owner is one who’s property may be adversely impacted by the proposed project.  An impacted property may be part of, adjacent to, or in close proximity to a project site (including water, sewer, or other utility lines).

          g.  Individuals, groups, local, state and federal agencies known to be interested in the project.

          h.  Any other parties the agency has identified, or who have identified themselves to the Agency.

 

3. Reporting

 

The applicant will provide USDA:

 

          a.  a copy of the notice,

          b.  an affidavit of publication

          c.  dates of publication, and

          d.  a list of all parties receiving an individual copy of notice.

 

Types of Public Notices

 

1.  Preliminary Notice (that an important land resource may be impacted).

2.  Final Notice (that it is not possible to avoid an impact to a floodplain or wetland).

3.  Notice of Finding of No Significant Environmental Impact (FONSI) for a Class II action for RH, CF & BP actions or Environmental Assessments for RUS actions.

 

Preliminary Public Notices

 

The important land resources are:

 

1.  Floodplain

2.  Wetlands

3.  Important Farmlands

4.  Prime Forest Lands (none in MD or DE)

5.  Prime Rangelands (none in MD or DE)

6.  Historic Properties

1. When Required

 

Preliminary notice is required whenever an action may have an impact, direct or indirect, to an important land resource.  Direct impacts are easy to identify, but indirect impacts require some thought.  Generally, if it may be an indirect impact, do a preliminary notice.  It will save time and effort in the long run. *

 

2. Contents

 

         1.  Preliminary notices should contain

                   a.  A brief description of the project.

                   b.  The type, amount of, and location of the important land resource to be affected.

                   c.  A statement that the project is available for review.

                   d.  A statement that any person may provide comments to USDA during the 30 day comment period.

                   e.  The location and address of the USDA office where (c) and (d) may be accomplished.

 

*There are two exceptions to the requirements for a preliminary public notice.

 

1.  When a categorical exclusion is raised to a Class I assessment due to a potential impact to an important land resource.  For example restoring a fire station in a floodplain, or replacement of a 6” water line with a 6” water line through a wetland.

2.  In the case of a floodplain or wetland, when the preparer determines that the area affected is below the threshold of impact.  This is used primarily for small creek crossing by utility lines.  In other words, if a utility line is crossing a narrow floodplain/wetland, such that the potential for indirect impact (i.e. growth within the floodplain/wetland) is minimal, and the potential for direct impact is also minimum (i.e. the line will be buried, and the floodplain/wetland soils and vegetation restored), we may document this fact and make a determination of no effect. 

 

3. Actions

 

1.  There will be no further consideration of proposal until after the comment period has expired.  Loan processing does not need to stop, (however, a loan may not be approved) but no actions will be taken by the agency or the applicant which would limit alternatives to be considered or which may be affected by the environmental assessment.

 

2.  Any comments received must be considered and addressed in the subsequent agency analysis.

 

Final Public Notice

 

1. When Required

 

If a preliminary notice concerning a floodplain or a wetland or historic property is given, a final notice is required whenever it is not possible to avoid the impact, and/or after all practicable mitigation measures have been identified and agreed to by the applicant.

 

2. Contents

 

Final Notices should contain:

 

1.  A brief description of the proposed action and the location of the impacted floodplain or wetland or historic property.

2.  A description of the impacts and any mitigation measures included.

3.  A statement why the action must be located in the floodplain or wetland.

4.  A description of the facts considered.

5.  A statement indicating whether the action conforms to state and/or local floodplains protection standards.

6.  A listing of other involved agencies and individuals.

7.  A provision for a 15 day comment period.

8.  The address of the USDA office where comments will be received, and the project may be reviewed.

 

3. Other

1.  A preliminary notice is always required prior to a Final Notice.

2.  Property owners affected ONLY by proposed mitigation measures, such as restrictions of service to properties located on an important land resource, may be limited to a single individual notice if they received an individual copy of a preliminary notice which included the proposed mitigation measure(s), the proposed mitigation measure(s) are unchanged, and no property owners objected or raised concerns over the mitigation measure(s).

3.  If for a Class II assessment or EA, the final notice shall be combined with the (FONSI).

 

Notice of finding of no significant environmental impact (FONSI)

 

A.     When Required

 

A Public Notice of the FONSI must be published whenever a Class II assessment or EA determines that an Environmental Impact Statement (EIS) is not required.  This publication initiates the conclusion of the assessment process.  The conclusion is reached at the end of the comment period if no comments are received.  If comments are received, the assessment is concluded when the comments are considered and incorporated into the assessment.

 

NOTE:

 

A FONSI is required even though no important land resources are involved.

 

A Class I assessment is also concluded by a FONSI.  Use Instruction 1940-G, Exhibit I format for the FONSI memo to the case file.  It is not necessary to publish a notice of the FONSI for a Class I action.

 

B.     Content

 

The public notice of the FONSI will contain:

 

1. A brief description of the proposed action and the location of the project.

2. A statement that USDA has assessed the potential environmental impacts and determined the project will not significantly affect the quality of the human environment. 

3.  A statement that any person may provide comments to the USDA approval official during the comment period (minimum of 15 days).

4.  The name, title, and address of the USDA official to receive comments.

 

C.     Actions

1.  The application will not be approved until the comment period has expired.

2.  Comments received must be incorporated into the assessment and considered in making the decision.

 

Use of the Natural Resources Management Guide

 

The basic contents, purposes, and uses of the Guide are as follows:

• The Guide will assist applicants receiving financial assistance from either RBS or RHS in the preparation of all NEPA documentation as outlined within Instruction 1940-G, Environmental Program. This documentation will primarily consist of completing Form 1940-20, Request for Environmental Information.

• The Guide will assist applicants receiving financial assistance from RUS in the preparation of the Environmental Report (ER) as outlined in RUS Bulletin 1794A-602, Guide for Preparing the Environmental Report for Water and Waste Projects. The Environmental Report is to be developed by a qualified environmental consultant.

• The Guide lists environmental regulations applicable to RBS and RHS and RUS projects, lists degrees of protection required by each environmental regulation and lists applicable Local, State and Federal Agencies that can be contacted by applicants and/or consultants for assistance in determining if their project involves important land resources, endangered species, historical sites, etc.

• The Guide shall serve as a mechanism for assembling an inventory of the locations within the State, those natural resources, land uses, and environmental factors that have been specified by federal, state and local authorities as deserving some degree of protection or special consideration.

• The Guide summarizes the various standards of federal, state, or local protection that apply to the natural resources, land uses, and environmental factors listed in the inventory.

• The Guide shall be considered by Rural Development in decisions relating to the use of available program resources.

• Applications for individual projects must be reviewed for consistency with the Guide.

• The Natural Resource Management Guide is not intended to result in a plan or be a plan.  It is intended to be an explicit framework of major environmental standards and review requirements that have been promulgated at the federal level as well as those that are particular to the States of Delaware and Maryland. It provides listings of natural opportunities and constraints for various land use activities against which proposals for development can be evaluated. Finally, it serves as a useful planning tool for prospective applicants.

 

 RBS, RHS, and RUS will not approve loans or projects that convert important farmland and forestland, prime rangeland or wetlands; or encroach upon floodplains, unless there is an overriding need for the project and there are no practical alternatives.

 

When conversion is required, it must be consistent with federal, state, and local laws, and be consistent with local planning. Mitigation measures will be required to minimize the affect of such conversion, and to minimize the pressure to have further conversion.

 

Conducting Environmental Reviews/Level of Detail

 

Many of the most basic environmental issues still seem to be causing confusion when preparing environmental assessments. Some standard terms and statements that can be used in the writing are also included.  However, all of these phrases or terminology may not be suitable for an individual project.  Since each project and its environmental implications are different from each other, you will need to select and use the terminology as appropriate, with adequate documentation and explanations.

 

Back to Basics: The reason we do environmental reviews is to document and justify our federal actions to the general public. It is also a document that determines our reasons for not preparing a more detailed assessment or an Environmental Impact Statement. This means that things we take for granted must be explained in a way that a person having no professional background would understand and agree with the conclusions.  Some of the assessments contain very little or no explanation on how we made the determination on each environmental resource. 

 

There is always a possibility that a member of the community or an interest group, who may not have the same background information as you or me, may request a copy of the basis of our determination (a copy of the assessment).  The inquiring minds want to know, so tell them WHY there will be no effect.  It generally only takes a few sentences to justify it in terms of applicable laws and regulations and referencing the agency responses/contacts you have made. All of us can save time by doing it right at the first time.

  

We should identify three aspects on each issue:       

         

          context - what may be impacted

Example, “sewer lines installed across wetlands”

intensity - extent of impact

Example, “temporary impact during construction only because lines will be buried an average of 6 feet deep”, and

reason this is not significant - justification why EIS is not needed

Example, “USACE and MDE joint permits for wetland crossings mandate mitigation measures such as clay dikes to prevent wetland drainage and soil layer restoration to restore the hydric soils in the wetland area. The wetland area will be restored close to its original condition. Therefore, no permanent or significant effect on wetlands is expected due to sewer line installation.”

 

Another method to consider the potential impacts is:

 

What are the existing conditions or present status of the area of potential impact?

 

For this you need to know the project boundary and the direct and indirect impact areas.

 

What are the changes or impacts the project can possibly have to the area, its environment and stakeholders (plants, animals & human beings); or the environment can have on the project and its users?

 

Not only will the impact of individual projects be considered, but the cumulative effect of single projects that individually produce only insignificant effects will also be considered. These projects would include housing, water and sewer projects and also past Rural Development investments in programs of this type.

 

Use the Natural Resources Management (NRM) Guide and other reference materials. When necessary, obtain input from subject matter experts. Follow the guidelines and procedures in program instructions and NRM Guide. If you are using a document prepared for another project as base, make sure that all references and specific descriptions are appropriately modified to reflect the new project. It is inappropriate to be reminded by an outside reviewer that the write-up belongs to the wrong project or the project is in the wrong township or county. It may help to copy appropriately modified wording from the previous document and paste it on a new write-up.

 

Important Land Resources, Prime Farmlands, Important Farmlands: (NRCS is the subject matter expert.) You need a very clear understanding of the Farmland Protection Policy Act (FPPA) and the Departmental Policy 9500-3. Be sure that the consultants you work with understand that Important Land Resources consists of Important Farmlands, Prime Forestlands, Wetlands, Floodplains and Prime Rangeland. Important Farmlands consists of Prime Farmlands, Unique Farmland, Farmlands of Statewide Importance and Farmlands of Local Importance. Prime Farmlands consists of NRCS designated classes of soils. Also be cognizant of the difference between Prime Farmland and prime farmland soils. Take care to use the correct terminology in the ERs.

 

Important Land Resources. Our policy is that utility lines normally have no significant impact on important land resources (because the lines are buried, can be farmed over and the site will be restored close to its original condition). This cannot be said of the construction of permanent structures such as pump stations and treatment plants which can impact or involve conversion of important land resources. Therefore, adequately document this issue for such structures.  The best way to do that is by using NRCS soils map, wetland maps and floodplain maps. Show all important land resources at and around the site and within the project boundary, as applicable.  If there is ANY important land resources on structure sites, it could involve conversion (something the FPPA and the Departmental Policy tells us to avoid if at all possible).  Therefore, you should document that there is ‘no conversion’ or ‘possibility for conversion’ of each of the important land resources.

 

The statement on utility lines is true in cases where there is no indirect impact. Usually when utility lines are installed, in addition to the direct impact of construction, there will be potential for development adjacent to the installed lines. It could be along the sides of roads having no existing structures or a larger area around the direct impact area. This will be an indirect impact and may involve present or future conversion. If the applicant or you are aware of any such potential development, it should be discussed in the assessment.  If there is potential for conversion, though direct or indirect impact, the following discussion under each important land resource will be helpful.

 

Important Farmland. In order to justify converting important farmland, you need to perform Land Evaluation and Site Assessment (LESA) using Form AD 1006.  A CCE version is available from NRCS or RUS Intranet. If the LESA scores over 160 points, then we need further justification in the form of evaluating alternative sites.

 

The only way to avoid the LESA form is if the area is urban built-up (UBU); more than 30 structures in the 40-acre area, surrounding the site – calculated from the map by drawing a circle around the site – or for utility lines considering the area within the project boundary).  If this exemption can be used, you need to explain it in sufficient detail to convince that the FPPA allows this exemption and that you or NRCS did accurate calculations, observations, etc. to prove that the exemption applies in each particular case.

                                   

It is likely that only part of the project area is urban built-up and the other part is not. For example, the STP site lies outside the UBU, but the lines are all in UBU. In that case, explain why lines are  UBU; (and are only intended to serve existing users –

1794A-602 section 3.1.2.1). In addition, do a LESA on the STP site (only if it is on important farmland).

 

In another scenario, consider a section of the lines going through a significant distance of important farmland with few, if any, existing users in that area. Since this is not intended to service existing users and creates a real potential for indirect impacts, you would need to do a corridor-type LESA for this area, including alternative corridor routes for the line.

 

In a different scenario, consider the lines along the side of an existing road, with few or no existing users (not eligible for UBU exemption). A corridor type LESA could come up with less than 160 points. You can justify and allow corridor type development along both sides of the existing road, documenting the need for in-filling and protection of the important farmland beyond the corridor.

 

If the completion of LESA process indicates less than 160 points, the write up should contain a statement "based on the LESA process completed as documented, the project area/STP site received a score less than 160 and therefore need not be given further protection. Therefore, the proposed conversion is consistent with FPPA and USDA's policies."

 

Prime Forests and Rangelands:  There are no such areas in DE or MD designated by the U.S. Forest Service and/or NRCS; no contacts are necessary.  Do not confuse this with National Forest, which is a different category of formally classified lands.

 

Wetlands: (USACE is the subject matter expert on non-ag land, but contacting them is NOT usually necessary or recommended; NRCS is the expert on ag land). USACE and NRCS are too short staffed to make routine wetland determinations. For RUS projects, lines will be installed under USACE general nationwide permits (further delegated down to the states, i.e. MDE, etc.) and the conditions of the permits assure no adverse effect on wetlands, due to required restoration, etc. This should be explained in the ER.  Also include applicable statements under Important Land Resources, discussed above.

 

For structures, more documentation is necessary to show that we are not converting wetlands. The easiest and most inexpensive method is to show on a NRCS soils map, the hydric soils and soils with hydric inclusions on the structure’s entire site. At least one of these soil types must be present to have a wetland as defined by the USACE 1987 Wetland Delineation Manual. If the maps do not show any of these soils on the site, it is a strong indicator that no wetlands are present (there is a slight possibility that the soils maps could be in error due to the scale of the map). Also, consulting the National Wetlands Inventory Maps is a good idea, although they are rather inaccurate for wetlands smaller than 5 acres in size.

 

The best method is for the applicant to hire a qualified (someone who has had documented training on the USACE 1987 Wetland Delineation Manual) consultant. The engineering consultant is likely to have a qualified person, who should make a visual examination of the site and issue an authoritative letter outlining their qualifications and their wetland determinations on the site in question. Normally wetland delineation is not required. If wetlands are present on the site, then the qualified consultant will need to make wetland delineation (flag its boundaries) to assure that the structure, parking lot or the area disturbed by the project will not be in or near the wetland. If the boundaries are close (within 50 feet), then we will ask the USACE if they will review the wetland delineation for accuracy and make a “Jurisdictional Determination” (their letter of agreement) and their comments on this site and other alternative sites. If conversion is involved you will need very strong documentation using the different process steps and consideration of mitigating measures for avoidance and reduction of impact.

 

Floodplains:  (FEMA is the subject matter expert, but no contacts are necessary).  Make sure the FEMA 81-93 only refers to structures.  Almost every form shows “Zone A,” then goes on to explain that no structures are located within the 100-year floodplain.  That is contradictory.  It is better to state “Zone X” and explain that the lines may partially be in Zone A, if you feel the need to explain that.  Also, make sure all the blanks are completed.  If completed by an RD employee, it must be signed.  In addition, RUS regs require that we keep the “critical facilities” (for the definition refer to 1940-G or RUS Bulletin 1794A-602) out of the 500-year floodplain. That issue needs to be addressed in the ER narrative.  Treatment plants and large pump stations are considered “critical facilities”.

 

Be sure to inform consultants early in the process that structures need to be kept out of the floodplain. If they will be built in the floodplain, that means conversion and we need to evaluate alternate sites in detail. Avoidance is the best policy. If conversion is involved you will need very strong documentation using the different process steps and consideration of mitigating measures for avoidance and reduction of impact.

 

Endangered Species:  (FWS and DNR are the subject matter experts and the only contacts necessary, as long as there are no confirmed threatened or endangered species in the area.)  If the review shows an endangered species, you will need to contact the appropriate State and/or Federal agency.

 

Mitigation measures: You should list mitigation measures required for each environmental issue after they are explained and discussed in the write-up. Do not use this place to discuss anything.  Just list the required mitigation measures that were already explained and discussed in your write-up.  The listed measures are to be compiled at the end in the Section for Mitigating Measures. They are to be concise and assign who is to do exactly what. Only list measures that are necessary to limit adverse impacts.  No need to repeat anything that is required by law. For example, law requires Soil Erosion and Sedimentation Control Plans, only if the disturbed earth area is larger than 5 acres. If your project is smaller than that, list it as a mitigation measure, to have a formal, approved plan. This should be discussed under water quality issues.

 

Area of Potential Effect (APE):

      APE MAP EXAMPLE

Although we no longer restrict future connections due to important farmland, it is still necessary to show on ALL maps, the area of potential environmental effect of the project. (APE is basically the same as what we call the project boundary.) The boundary should be drawn rather tightly around the pipeline locations, existing structures and facilities unless there is some unique reason why the project will affect a larger (APE) area. Consider the scale of the map you are drawing. All of the resources and environmental issues addressed in the ER will relate to the APE, especially the SHPO and NRCS reviews. If an area has potential for future utility line extension, even if it is not part of the current project, include it as a future service area when completing the assessment. It will save you time and the owner the cost for preparing a supplement to the original assessment at a future date.

 

Maps: Maps are an integral part of the environmental documentation, and should support your discussions and determination. Most of the maps may be available as part of the Preliminary Engineering Report. Nearly all consultants can provide computerized mapping.  This involves considerable less time and can provide a professional looking document at very low cost. Consider this before you cut and tape copies from fax or your copying machine.  Some consultants are providing computerized mapping, without identifying the source of the map data.  In that case, it is not clear if the map information is accurate or not.  That is why we requested a copy of the original source map (like NRCS soils map), however that practice is redundant.  We can dispense of the two maps if they provide metadata (a detailed description of the source of the map and any data on it) on the map itself. If they are drawing information onto another map, then that needs to be disclosed as well.  Example: freehand drawing of floodplains onto a USGS map.  In that case, we will need a copy of the actual FEMA floodplain map to verify that the freehand drawing is accurate. The GIS systems do not provide free access to all types of maps at this point in time. FEMA charges for their maps and the ones provided on the web site may not be accurate, according to FEMA. They only provide a general overview of the area. The whole map source issue is sticky and likely to cause errors so we need to be very careful.

 

The following information regarding maps are more applicable to RUS projects, in comparison with other smaller projects located on a small site. However, use it as necessary to generate a professional document.

 

When labeling maps and photos use names such as “Smith Site” and “Jones Site” same as in the written narrative. Stay away from “old site,” “new site,” “Site 2,” etc. It will be less confusing when the write-up is amended. Supplemental assessments should use the same names.

 

Include the following in your environmental file:

 

1. USGS Topographic Map