MAINE BULLETIN NO. ME 190-8-1

                                                                                                        
                                                                                       October 1, 2007

SUBJECT: ECS – Use of Network Diagrams for Tiering to a NRCS NEPA document

Purpose: To provide guidance on using conservation practice network diagrams for environmental analysis in planning.

Expiration Date: September 30, 2008

A recent review of conservation practices found several practices that had not been evaluated for significant adverse effects by NRCS in a National Environmental Policy Act (NEPA) document. The New England States and New York have issued an environmental assessment, “Environmental Assessment of NRCS Conservation Practices Used to Address Natural Resource Concerns on Non-Federal Lands in the New England States and New York” and a Finding of No Significant Impact. Public Notice of the Availability of these documents was published in the Federal Register on May 8, 2007.

For the 106 conservation practices used by NRCS in Maine, 92 practices have been included in the Environmental Assessment, and effects for these practices have been illustrated using network diagrams. Nine additional practices have also been evaluated and included (see below). Network diagrams are a method to review direct, indirect and cumulative conservation practice effects and comply with NEPA requirements for farm bill implementation. These diagrams are now available for reference in all but five conservation practice folders in eFOTG, Section IV. These five practices that do not have network diagrams would need an environmental review prior to any program funding. They are: Channel Stabilization, (587), Clearing and Snagging (326), Dam (402), Dam, Diversion (348), and Fishpond Management (399).

The State Conservationist has reviewed practice standards and network diagrams for the nine additional practices not included in the original Environmental Assessment cited above and determined that effects of implementing these practices are similar to those described in this NEPA document: The nine practices are:

 Agrichemical Mixing Facility, (702)
 Atmospheric Resource Quality Management, (370)
 Irrigation Water Conveyance, Pipeline, Reinforced Plastic Mortar, (430GG)
 Pond Sealing or Lining, Flexible Membrane, (521A)
 Pond Sealing or Lining, Soil Dispersant, (521B)
 Pond Sealing or Lining, Bentonite Sealant, (521C)
 Recreation Land Grading and Shaping, (566)
 Transition to Organic Production, 789
 Well Decommissioning, (351)

To ensure NRCS in Maine is following the National Environmental Policy Act, the District Conservationist as the Responsible Federal official must do the following:

1. Prior to signing the findings section of the ME-CPA-52 form and the conservation plan, check to see if network diagrams are completed for the practices planned and ensure that the initial settings and effects listed are appropriate for the planned setting covered by the conservation plan. If there are potential adverse effects onsite, use the appropriate mitigation practice(s) as needed to minimize the impact on the affected resources. If the practice, initial settings, effects and mitigating practices are not covered by a network diagram, contact the State Office for further analysis.

2. Review the conservation plan for the following items that may indicate an impact could be considered significant. If any of these items are present, contact the State Office for guidance.
        List of criteria for significant/extraordinary circumstances (NECH p. 610-E70.5) or,    
        NECH figure 2 (p 610-C.3)

3. If the network diagrams are appropriate and adequately describe anticipated effects of implementing the practices, and no significant impacts are shown in sections H, G, or J on the ME-CPA-52 for the proposed action, check the “has been sufficiently analyzed in an existing NRCS NEPA document” in Part P, Findings section and reference the “Use of NRCS Conservation Practices to Address Natural Resource Concerns on Non-Federal Lands in the New England States and New York EA” as the citation for tiering.

4. Have the conservation plan signed by all parties involved and proceed as needed for funding/implementation.

If you have any questions or concerns, please contact Jim Johnson, Resource Conservationist at 207-990-9508 or email jim.johnson@me.usda.gov.

/s/ Joyce A. Swartzendruber

JOYCE A. SWARTZENDRUBER
State Conservationist

DIST: E

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