RD Environmental Training: 7 CFR PART 1970

1. RD Environmental Training:7 CFR PART 1970 Presented by: Craig McGowan, CP Southern District Director Jasper Area Office, Jasper, IN 812-482-1171 x 120 craig.mcgowan@in.usda.gov

2. 7 CFR PART 1970 • Effective as of April 1, 2016 • Replaces two former regulations • Community Facility regulation 1940-G • Water and Environmental Program regulation 1794 • Covers all RD programs

3. SUBPART A

4. 1970 SUBPART A HIGHLIGHTS • As per 1970.5(b)(3): Applicants must prepare environmental review documents according to the format and standards provided by the Agency. The Agency will independently evaluate the final documents submitted. All environmental review documents must be objective, complete, and accurate in order for them to be finally accepted by the Agency. Applicants may employ a design or environmental professional or technical service provider to assist them in the preparation of their environmental review documents.

5. 1970 SUBPART A HIGHLIGHTS • 1970.10 Raising the level of environmental review Environmental conditions, scientific controversy, or other characteristics unique to a specific proposal can trigger the need for a higher level of environmental review than described in subparts B or C of this part. As appropriate, the Agency will determine whether extraordinary circumstances (see 1970.12) or the potential for significant environmental impacts warrant a higher level of review.

6. 1970 SUBPART A HIGHLIGHTS • 1970.11 and 1970.12 state that applicants must wait until the environmental review process is complete prior to initiating project activities. • If not, the applicant risks losing their funding. • 1970.12 language must be provided to applicants at the very first sign of a project.

7. 1970 SUBPART A HIGHLIGHTS • 1970.13 Consideration of Alternatives • Why consider alternatives? • “…to explore and evaluate whether there may be reasonable alternatives to that action that may have fewer or less significant negative impacts.” • The agency will take into account factors like technical and economic feasibility.

8. 1970 SUBPART A HIGHLIGHTS • 1970.14 Public involvement • (d) Public Notices has information on where, when, and how these are supposed to be done. • They must describe the nature, location, and extent of the proposal. • Notices must be in the non-classified section • Applicant must submit an “affidavit of publication” (or similar) from the newspaper and submit it to the agency to be added to RD’s Administrative Record

9. 1970 SUBPART A HIGHLIGHTS • 1970.16 Mitigation Measures • Mitigation measures necessary for a FONSI will be incorporated into Agency commitment documents, plans and specs, and construction contracts to as to be legally binding • If during construction mitigation measures are not being followed, all advancement of funds and cost reimbursements will be suspended.

10. SUBPART B: CATEGORICAL EXCLUSIONS

11. CATEGORICAL EXCLUSION • Classes of actions that the Agency has determined do not individually or cumulatively have a significant effect on the human environment. • Include all actions listed in 1970.53, .54, and .55

12. EXTRAORDINARY CIRCUMSTANCES • 1970.52 Definition: Unique situations presented by specific proposals, such as characteristics of the geographic area affected by the proposal, scientific controversy about the environmental effects of the proposal, uncertain effects or effects involving unique or unknown risks, and unresolved conflicts concerning alternate uses of available resources.

13. EXTRAORDINARY CIRCUMSTANCES • 1970.52: • Violation of Federal, state, or local statute, regulation, or permit requirements for environment, safety, and health • Siting, construction, or major expansion of RCRA permitted waste storage, disposal, recovery, or treatment facilities. • Any proposal likely to cause uncontrolled or unpermitted releases of hazardous wastes, pollutants, contaminants, petroleum, or natural gas.

14. EXTRAORDINARY CIRCUMSTANCES • 1970.52 Cont.: • Adverse effect on • Historic properties • Federally listed threatened or endangered species, critical habitat, federally proposed or candidate species • Wetlands • Floodplains • Formally classified land • Special sources of water (sole source aquifers, etc.) • Coastal barrier resources or coastal zone

15. EXTRAORDINARY CIRCUMSTANCES • 1970.52 Cont.: 5. Existence of controversy based on effects to the human environmental brought to the Agency’s attention by a Federal, tribal, state, or local government agency. All CAT-EXS MUST BE REVIEWED FOR EXTRAORDINARY CIRCUMSTANCES.

16. 1970.53: CE W/O AN ER • This section is for proposals that involve no or minimal alterations in the physical environment and typically occur on previously disturbed land. • Do not require an applicant to submit environmental documentation with the application.

17. 1970.54 CE WITH AN ENVIRONMENTAL REPORT • Projects that may involve alteration of the physical environment and therefore require an applicant to submit an ER with their application to facilitate our determination that no extraordinary circumstances exist that would elevate the project to an Environmental Assessment.

18. 1970.54 CE WITH AN ER • (a) Small- scale site-specific development • For projects that would impact not more than 10 acres and not cause a substantial increase in traffic. • Does not apply to new industrial processes (like ethanol and biodiesel production facilities).

19. 1970.54 CE WITH AN ER • (a) Small- scale site-specific development • CF facilities such as municipal buildings, libraries, security services, fire protection, schools, and health. 5. Installation of new, commercial-scale water supply wells and associated pipelines or water storage facilities that are required by a regulatory authority or standard engineering practice as a backup to existing production well(s) or as reserve for fire protection.

20. 1970.54 CE WITH AN ER • (a) Small- scale site-specific development • Infrastructure to support utility systems such as water or wastewater facilities; headquarters, maintenance, equipment storage; and energy management systems. This does not include proposals that create new or relocate an existing discharge to or a withdrawal from surface or ground waters, or cause substantial increase in a withdrawal or discharge at an existing site.

21. 1970.54 CE WITH AN ER (a) Small- scale site-specific development • Repair, rehabilitation, or restoration of water control, flood control, or water impoundment facilities, such as dams, dikes, levees, detention reservoirs, and drainage ditches, with minimal change in use, size, capacity, purpose, operation, location, or design from the original facility.

22. 1970.54 CE WITH AN ER • (b) Small-scale corridor development • Construction or repair of roads, streets, and sidewalks, including related structures such as curbs, gutters, storm drains, and bridges, in an existing right-of-way with minimal change in use, size, capacity, purpose, or location from the original infrastructure.

23. 1970.54 CE WITH AN ER • (b) Small-scale corridor development • Improvement and expansion of existing water, waste water, and gas utility systems: • Within one mile of currently served areas irrespective of the percent of increase in new capacity, or • Increasing capacity not more than 30 percent of the existing user population

24. 1970.54 CE WITH AN ER • (b) Small-scale corridor development • Replacement of utility lines where road reconstruction undertaken by non-Agency applicants requires the relocation of lines either within or immediately adjacent to the new road easement or RoW; and

25. ENVIRONMENTAL REPORT • The ER provides project-specific information including an evaluation of the proposal’s potential to impact environmental resources and historic properties so the Agency can determine if the environmental process can be concluded or additional impact analysis is required.

26. ENVIRONMENTAL REPORT • ERs must be submitted to the Agency along with the financial assistance application. • The environmental process must be completed prior to the approval of the financial assistance application. • ER may not reference items provided in other parts of the application (i.e. the PER); all relevant materials must be in the ER.

27. ENVIRONMENTAL REPORT • Project Description and Location should include • Complete project description of all project-related activities (e.g. clearing, grading, excavating, paving, fencing, etc.) • Topographic map • Project map on an aerial photograph • Note: All project elements must be clearly shown on any map provided (INCLUDING ALL PIPE ROUTES)

28. ENVIRONMENTAL REPORT • Land Ownership and Land Use should identify • The amount of property to be affected or disturbed by each project site, including the site’s current land use and, if applicable, zoning. • Land ownership and regulating agencies (including roads) • Formally classified land (e.g. parks, wilderness areas, state or natural forests, etc.)

29. ENVIRONMENTAL REPORT • Land Ownership and Land Use should include • Information regarding environmental justice (low-income and minority populations that may be affected) • Consultation with state and local governments

30. ENVIRONMENTAL REPORT • Historic Preservation should include • Description of all steps taken to identify historic properties • If confident that no historic properties affected (i.e. no historic buildings and previously disturbed ground), put in the file: • Letter from RD to SHPO with our determination • SHPO concurrence letter • SHAARD documentation

31. ENVIRONMENTAL REPORT • Historic Preservation • If not confident (i.e. potentially historic building and/or undisturbed ground), put in the file: • Letter from RD to SHPO authorizing the applicant to enter consultation with SHPO • Letter from applicant to SHPO requesting information • SHPO’s information letter to applicant • SHAARD/interim report and Archaeological survey (if required)

32. ENVIRONMENTAL REPORT • Historic Preservation • If not confident (i.e. potentially historic building and/or undisturbed ground), put in the file: cont’ • SHPO’s letter in response to the arch survey • Letter from RD to SHPO with our determination • SHPO’s concurrence letter • Tribal Correspondence will be done by RD State Environmental Coordinator

33. ENVIRONMENTAL REPORT • Threatened and Endangered Species/Biological Resources • The ER must document whether any project sites or activities will directly or indirectly affect any threatened, endangered, proposed, or candidate species, or would adversely affect designated critical habitat.

34. ENVIRONMENTAL REPORT • Threatened and Endangered Species/Biological Resources • Include in the file • IPAC report • County state endangered species list • Consultation with US Fish and Wildlife, if necessary • Consultation with DNR Division of Fish and Wildlife • Consultation with DNR Division of Nature Preserves

35. ENVIRONMENTAL REPORT • Wetlands • Are wetlands on or near project sites? • If wetlands are suspected, the Army Corps of Engineers will need to be contacted. • Include in the file: • National Wetland Inventory map • NRCS hydric soils map • Corps consultation, if necessary • Wetland delineation, if necessary

36. ENVIRONMENTAL REPORT • Floodplains • Are any project activities within a floodplain? • Include in the file: • FEMA flood map • Standard Flood Hazard Determination Form from the applicant or lender • Private Party Notice to the Lender/Applicant about Floodplains • Elevation Certificate if a dwelling in a floodplain

37. ENVIRONMENTAL REPORT • Coastal areas • Is the project is within the Lake Michigan Coastal Zone?

38. ENVIRONMENTAL REPORT h) Prime Farmland • Will any project activities convert important farmland? • If prime farmland is converted, what alternatives were considered and why could they not chosen? • Include in the file: • NRCS prime farmland map • AD-1006, if necessary

39. ENVIRONMENTAL REPORT • Environmental Risk Management • What affect will hazardous materials, substances, or wastes that may be released at, generated by, or required for the operation of a proposed facility have on the environment and real estate transactions? • Has a Phase I been completed within the past 6 months? (If so, it should be included in the file.)

40. ENVIRONMENTAL REPORT • Other Resources • Is the project located in a key water resource area (e.g. sole source aquifer, wellhead protection areas, etc.)?

41. SUBPART C: ENVIRONMENTAL ASSESSMENTS

42. EA BASICS • An EA is a concise public document used by the Agency to determine whether to issue a FONSI or prepare an EIS • To be prepared concurrently with the early planning and design phase of the proposal • It is not considered complete until it meets the requirements of Subpart C

43. QUESTIONS?