SUBJECT:

Reduction of paperwork and unnecessary review of certain Rural Development funded projects which typically result in no
adverse impacts to fish and wildlife resources.

PURPOSE:

The U.S. Fish and Wildlife Service (FWS) is charged with protection of fish and wildlife resources, particularly wetlands and
endangered species. In this role, the FWS provides comments to Rural Development (RD) regarding the impacts of many
specific individual RD-funded projects. It is recognized that certain categories of RD activities typically result in no adverse
impacts to the natural environment and that a detailed project review by the FWS is not warranted for such projects. This
Memorandum of Agreement (MOA) is intended to define the categories of projects that do not require written comments
from the FWS.

SCOPE:

This MOA does not supersede the responsibilities and obligations of the FWS or RD which are mandated by the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), Endangered Species Act (87 Stat 884, as
amended; 16 U.S.C. 1531 et seq.), or related regulations and agency policy. The following categories of projects have been
evaluated in accordance with these statutes, regulations, and policies, and a conclusion reached by both FWS and RD that
specific projects within these categories will not result in adverse impacts to fish and wildlife resources, including endangered
species. As a result, this MOA constitutes programmatic coordination pursuant to the Coordination Act and a "blanket
consultation" pursuant to Section 7 of the Endangered Species Act.

CATEGORIES:

1. Purchase of machinery, equipment, and supplies for use in existing structures and buildings. (Example: New
metal stamping machines and shelving for an existing factory.)

2. Purchase of vehicles. (Examples: New or used fire trucks; buses.)

3. Placement/replacement of electric and telephone transmission lines and related equipment (e.g.,
transformers) on existing utility poles and within existing rights-of-way.

4. Renovation, remodeling, or expansion of existing structures provided that the structures and associated
developed land (e.g., parking lots) are not expanded into previously undeveloped areas. (Examples:
Renovation of substandard single or multiple family residences; conversion of a school building to a community
center; renovation or expansion of existing factory building.) Note: This category does not apply to sewage
treatment plants or other facilities where increased discharges of regulated pollutants would be involved.
"Undeveloped areas" are considered to be those sites where natural vegetation dominates. "Developed areas"
are paved, filled, graveled, or vegetated in grasses which are routinely mowed.

5. Demolition of substandard single or multiple family housing and replacement with new structures provided
that the structures and associated developments (e.g., parking lots) do not expand into previously undeveloped
areas (Example: Construction of new housing without expansion beyond limits of existing developed lot.) Note:
"Undeveloped areas" are considered to be those sites where natural vegetation dominates. "Developed areas"
are paved, filled, graveled, or vegetated in grasses which are routinely mowed.

6. Refinancing of existing debt with no new construction or purchasing existing
facility with no construction.

7. Replacement of existing waterlines provided that no perennial streams are crossed. Perennial streams are
those that do not go dry during the summer or fall. They are usually indicated on topographic maps with a solid
blue line. Crossings of perennial streams can occur if the waterline is suspended from a highway bridge
structure.

8. Construction of new waterlines provided that all construction occurs within maintained (mowed) street or
highway rights-of-way and no perennial streams are crossed. Crossings of perennial streams can occur if the
waterline is suspended from a highway bridge structure.

9. Increase of public water supply withdrawal rates when the Mississippi River or a major federal reservoir is
the water source. Modifications to pump equipment (replacement/increased capacity) can occur provided the
pumphouse structure is not expanded into previously undeveloped areas. (Example: A pumphouse located
within the developed confines of an existing water treatment facility is expanded by 400 square feet to
accommodate a new and larger pump. The pump will increase withdrawal capacity from Dale Hollow
Reservoir by 4 MGD).

Note: "Major federal reservoir" means all Corps of Engineers and TVA impoundments including those created
by navigation locks and dam structures.

10. Replacement of existing storm or sanitary sewer lines provided that no perennial streams are crossed.
Crossings of perennial streams can occur if the sewer lines are suspended from a highway bridge.

11. Construction of new storm or sanitary sewer lines provided that all construction occurs within maintained
(mowed) street or highway rights-of-way and no perennial streams are crossed. Crossings of perennial streams
can occur if the sewer line is suspended from a highway bridge structure.

12. Repair, replacement, or renovation of existing water treatment plant
(potable water supply) facilities provided the areal expanse of the facilities is not increased beyond the current
boundary of development. (Example: Replacement of an existing treatment lagoon with a larger lagoon
constructed within the fenced treatment plant complex.)

GENERAL PROVISIONS:

Either agency may unilaterally withdraw from this agreement with 30 days written notice.
This MOA will be reviewed annually and revised as appropriate. Revisions may be requested at any time by either agency.
All revisions will be made in writing and require the concurrence of both agencies.
If the project is not included in Items 1-12, coordination with USFWS is required. Comments are valid for 180 days.
Re-coordination with USFWS is required after 180 days from original consulation letter.
U.S. Fish and Wildlife Service, Tennessee/Kentucky Field Office

By: ________________________ Date: ___________________

LEE A. BARCLAY, Ph.D.

Field Supervisor

Rural Development, Tennessee State Office

By: ________________________ Date: __________________

DAVID SEIVERS

State Director

Rural Development, Kentucky State Office

By:_________________________ Date: __________________

THOMAS G. FERN

State Director