NRCS Policy and NRCS Policy and Endangered Endangered Species ActSpecies Act

How did we start down this How did we start down this path?path?

Besides the law, a bat made Besides the law, a bat made us do it!us do it! The Indiana bat and The Indiana bat and

favored roost treefavored roost tree

Authority and Authority and ObligationsObligations

ESA of 1973, 16 U.S.C. 1531 et seq.ESA of 1973, 16 U.S.C. 1531 et seq.NRCS has both the authority and obligation NRCS has both the authority and obligation under ESA to protect and conserve listed plant under ESA to protect and conserve listed plant and animal species (and critical habitat)and animal species (and critical habitat)

NRCS Regulations 7 CFR 650.22NRCS Regulations 7 CFR 650.22 Require that NRCS concern for species and Require that NRCS concern for species and

habitats will not be limited to those federally habitats will not be limited to those federally listed under the ESA but listed under the ESA but will include those will include those designated by State agencies as rare, designated by State agencies as rare, threatened or endangered or species of threatened or endangered or species of concernconcern..

NRCS Policy (General NRCS Policy (General Manual)Manual)

Implementation of conservation programs Implementation of conservation programs through planning and application of through planning and application of conservation practices and measures conservation practices and measures shall also shall also provide for the conservation of Federally listed provide for the conservation of Federally listed and proposed species as well as state species of and proposed species as well as state species of concern.concern.

NRCS will provide conservation NRCS will provide conservation technical technical assistanceassistance to its customers and partners in a to its customers and partners in a manner consistent with the manner consistent with the conservation of conservation of Federally listed, proposed, and state species of Federally listed, proposed, and state species of concernconcern within its existing authorities and within its existing authorities and programs.programs.

NRCS Policy regarding NRCS Policy regarding ESAESA

Section 7(a)(2) of the ESASection 7(a)(2) of the ESANRCS is required to consult with the NRCS is required to consult with the FWS or NOAA when NRCS financial FWS or NOAA when NRCS financial assistance will be provided to assistance will be provided to landowners for implementing planned landowners for implementing planned practices for which a “may affect” practices for which a “may affect” determination has been madedetermination has been made

This is the basis for our Programmatic This is the basis for our Programmatic Consultation Consultation

Current Planning Review Current Planning Review for T+Efor T+E

Planning process requires: Planning process requires: Client Interview for presenceClient Interview for presence GIS analysis using Element Occurrences GIS analysis using Element Occurrences

DatabaseDatabase Contact with Nongame & Natural Heritage Program for Contact with Nongame & Natural Heritage Program for

further infofurther info

CPA-52 Form – Environmental EvaluationCPA-52 Form – Environmental Evaluation

Limitations for Species such as Indiana bats, Limitations for Species such as Indiana bats, Dwarf wedgemussel & Northeastern bulrush Dwarf wedgemussel & Northeastern bulrush Likely all locations not knownLikely all locations not known Suitable habitat widespreadSuitable habitat widespread

Future Planning Review Future Planning Review for T+Efor T+E

Planning process requires: Planning process requires: Client Interview for presenceClient Interview for presence GIS analysis using Element Occurrences DatabaseGIS analysis using Element Occurrences Database Follow procedures from Programmatic Follow procedures from Programmatic

ConsultationConsultation

Programmatic Consultation NRCS/USFWSProgrammatic Consultation NRCS/USFWS Clearly defined requirements and expectation of Clearly defined requirements and expectation of

ESAESA Accepted Process by USFWS and Meets NEPA Accepted Process by USFWS and Meets NEPA

(Protects VT NRCS and You)(Protects VT NRCS and You) This process will formally raise awareness of This process will formally raise awareness of

species/habitats for their conservation.species/habitats for their conservation.

Consultation’s Procedures Consultation’s Procedures and Tools and Tools

Section II of FOTGSection II of FOTG NEPA and ESA Guidance DocumentNEPA and ESA Guidance Document

Outlines process to determine potential impactOutlines process to determine potential impact Provides appropriate course of actionProvides appropriate course of action

Species and Town ListSpecies and Town List Species, federal status and location by Town and Species, federal status and location by Town and

CountyCounty Habitats and season of useHabitats and season of use

Practice Effects MatrixPractice Effects Matrix Lists effects (no, not likely, potential adverse, Lists effects (no, not likely, potential adverse,

etc.)etc.) Additional information to avoid impacts (timing, Additional information to avoid impacts (timing,

placement, method)placement, method)

NEPA/ESA Guidance NEPA/ESA Guidance Document Document Summarizes Entire Process – Start to FinishSummarizes Entire Process – Start to Finish

How to populate the CPA-52How to populate the CPA-52 Narrative StepsNarrative Steps + Flow chart+ Flow chart When to ConsultWhen to Consult

Species and Town ListSpecies and Town List

Northeastern Bulrush

Dwarf Wedgemussel

Indiana Bat

Jesup’s Milk Vetch

•Vermont has 4 listed species in 9 Counties

•Why needed? All locations are likely not known.

Species and Town ListSpecies and Town List Table listing County , Town, Species, etc. (2 pages).Table listing County , Town, Species, etc. (2 pages). Species, location, habitat/season, inform the Species, location, habitat/season, inform the

planning process.planning process.

Practice Effects MatrixPractice Effects Matrix Planning matrix – Effects Planning matrix – Effects

Practice Effects MatrixPractice Effects Matrix Footnotes - further information on Footnotes - further information on

practicepractice Avoid habitats, alternatives (timing), informal Avoid habitats, alternatives (timing), informal

consultationconsultation

CPA-52C – CPA-52C – Consent Consent FormForm

Landowner Landowner Authorization for Authorization for Release of Release of Conservation Plan Conservation Plan information – information –

Used when potential Used when potential adverse effect is adverse effect is noted to consult with noted to consult with USFWSUSFWS

CPA-52B – CPA-52B – Request for Request for T+E ReviewT+E Review

Field Office Request to Field Office Request to the USFWS for the USFWS for informal consultation informal consultation on specific project.on specific project.

Must include Maps and Must include Maps and PicturesPictures

Shapefiles at USFWS Shapefiles at USFWS RequestRequest

USFWS USFWS Fact Sheet Fact Sheet for for LandownerLandownerss

Given to landowners Given to landowners when they have when they have chosen an chosen an alternative that may alternative that may negatively effect negatively effect listed species and listed species and our assistance has our assistance has been suspended.been suspended.

Summary Process – 5 Summary Process – 5 OptionsOptions

Always Begins with Review of Always Begins with Review of Species Town List (and Biotics)!Species Town List (and Biotics)!

1.1. No species present – No occurrence No species present – No occurrence in County or Town (most likely in County or Town (most likely situation)situation)

Document Document “no effect”“no effect” on 52 and continue on 52 and continue planningplanning

Summary Process – 5 Summary Process – 5 Options cont.Options cont. Determine Planning Unit is in Town that Determine Planning Unit is in Town that

has Species and contains suitable has Species and contains suitable habitat habitat

Filter Strip/RFB planned on Connecticut River in Filter Strip/RFB planned on Connecticut River in Guildhall (benefits DWM)Guildhall (benefits DWM)

Use Exclusion on beaver wetland in Dummerston Use Exclusion on beaver wetland in Dummerston (benefits NE Bulrush)(benefits NE Bulrush)

2.2. Species Present Species Present Practice Effects Practice Effects DocumentDocument

Beneficial Effect IndicatedBeneficial Effect Indicated Select “+” on CPA52 Select “+” on CPA52 Document beneficial effects and Species in Q – Document beneficial effects and Species in Q –

Rationale sectionRationale section Continue planningContinue planning

Summary Process – 5 Summary Process – 5 Options cont.Options cont.

Determine Planning Unit is in Town that has Determine Planning Unit is in Town that has Species But either…Species But either…

No suitable habitatNo suitable habitat (e.g. no wetlands on tract – (e.g. no wetlands on tract – Bulrush) Bulrush)

Practice not planned in or near habitatPractice not planned in or near habitat (e.g. (e.g. Waste Storage in headquarters)Waste Storage in headquarters)

Practice planned near Suitable habitat but Practice planned near Suitable habitat but insignificant effects expected (e.g. ES planned in old insignificant effects expected (e.g. ES planned in old field/young forest near mature forest in IBAT field/young forest near mature forest in IBAT country) - NLTAAcountry) - NLTAA

3.3. Species Present Species Present Practice Effects Practice Effects DocumentDocument

No Effect or Not Likely to Adversely Affect IndicatedNo Effect or Not Likely to Adversely Affect Indicated Select “no effect” or “NLTAA”Select “no effect” or “NLTAA” Document what supports your decision in Q – Rationale sectionDocument what supports your decision in Q – Rationale section Continue planningContinue planning

Summary Process – 5 Summary Process – 5 Options cont.Options cont. Determine Planning Unit is in Town that has Determine Planning Unit is in Town that has

Species and contains suitable habitatSpecies and contains suitable habitat Animal Trail and Walkway currently through edge of Animal Trail and Walkway currently through edge of

wetland with NE Bulrush – Practice will be moved wetland with NE Bulrush – Practice will be moved uphill out of wetlanduphill out of wetland

4.4. Species Present Species Present Practice Effects Practice Effects DocumentDocument

Potential Adverse Effect Potential Adverse Effect Effect avoided using guidance in Practice Effects Effect avoided using guidance in Practice Effects

Document or other alternative selectedDocument or other alternative selected No Effect or Not Likely to Adversely Affect – No Effect or Not Likely to Adversely Affect –

52 form52 form Document alternatives and Rationale on 52 (& Document alternatives and Rationale on 52 (&

Conservation Plan) and continue planningConservation Plan) and continue planning

Summary Process – 5 Summary Process – 5 Options cont.Options cont.

Determine Planning Unit is in Town that has Determine Planning Unit is in Town that has Species and contains suitable habitatSpecies and contains suitable habitat

5.5. Species Present Species Present Practice Effects Practice Effects DocumentDocument

Potential Adverse Effect - Potential Adverse Effect - Effect Effect CAN NOTCAN NOT be be avoided avoided

Negative affect selected on 52 form Negative affect selected on 52 form Customer Consent to initiate consultation (CPA-Customer Consent to initiate consultation (CPA-

52C)52C) Consent not given – DISCONTINUE ASSISTANCEConsent not given – DISCONTINUE ASSISTANCE

Informal Consultation BeginsInformal Consultation Begins – Forms, maps, – Forms, maps, pictures sent to USFWS (CPA-52B)pictures sent to USFWS (CPA-52B)

Resolved or Formal Consultation MAY beginResolved or Formal Consultation MAY begin

ExamplesExamples

Example 1Example 1 Planning Unit is in Cabot (Washington Planning Unit is in Cabot (Washington

County) County)

Landowner needs selected improvements Landowner needs selected improvements to existing Access Road to prevent to existing Access Road to prevent erosion and improve water quality.erosion and improve water quality.

Biotics Layer shows no RTE species Biotics Layer shows no RTE species

What do you select on the CPA-52?What do you select on the CPA-52? No Effect and Continue PlanningNo Effect and Continue Planning

Example 2Example 2 Planning Unit is in Thetford (Orange County) Planning Unit is in Thetford (Orange County)

Landowner would like to develop a nutrient Landowner would like to develop a nutrient management plan and has cropland along the management plan and has cropland along the Connecticut River. It is likely that they are Connecticut River. It is likely that they are over applying nutrients to some fields along over applying nutrients to some fields along the river.the river.

Biotics Layer shows dwarf wedgemussel Biotics Layer shows dwarf wedgemussel occurrence 3 miles upstream and 1 mile occurrence 3 miles upstream and 1 mile downstream.downstream.

What do you select on the CPA-52?What do you select on the CPA-52?

Example 2Example 2 Select Beneficial EffectSelect Beneficial Effect

Document beneficial effects and Species Document beneficial effects and Species in Q – Rationale sectionin Q – Rationale section

Continue PlanningContinue Planning

Example 3Example 3 Planning Unit is in Orwell (Addison County) Planning Unit is in Orwell (Addison County)

Landowner is in need of a waste storage facility Landowner is in need of a waste storage facility but has limited space around the headquarters. but has limited space around the headquarters. To accommodate facility there will need to be To accommodate facility there will need to be clearing of ¼ acre edge of forested tract. clearing of ¼ acre edge of forested tract. Forest land is hardwood with trees 8-30” dbh. Forest land is hardwood with trees 8-30” dbh.

Biotics Layer shows Indiana Bat in nearby Biotics Layer shows Indiana Bat in nearby forest areas but not in this forest block.forest areas but not in this forest block.

What do you select on the CPA-52 and how do What do you select on the CPA-52 and how do you proceed?you proceed?

Example 3Example 3 Select To Be Determined Effect for this Select To Be Determined Effect for this

alternative alternative

Alternatives to avoid potential effects:Alternatives to avoid potential effects: Assess habitat, if suitable roost trees are not Assess habitat, if suitable roost trees are not

present, project may proceed because adverse present, project may proceed because adverse effects are effects are unlikelyunlikely (NLAA) (NLAA)

If suitable roost trees are present, seek If suitable roost trees are present, seek alternative locationalternative location

If alternative location not feasible start the If alternative location not feasible start the informal consultation process informal consultation process

Landowner consent form – if not given, Landowner consent form – if not given, discontinue assistancediscontinue assistance

Request for Review form (USFWS)Request for Review form (USFWS) Susi will review project Susi will review project Most cases able to avoid or minimize effectsMost cases able to avoid or minimize effects

Example 4Example 4 Planning Unit is in Rockingham (Windham Planning Unit is in Rockingham (Windham

County)County)

Landowner has asked for your technical Landowner has asked for your technical assistance in planning a pond (no program assistance in planning a pond (no program funds). The site the landowner has in mind is funds). The site the landowner has in mind is a sedge meadow. a sedge meadow.

Biotics Layer does not show NE Bulrush on Biotics Layer does not show NE Bulrush on the site.the site.

What do you select on the CPA-52 and how do What do you select on the CPA-52 and how do you proceed?you proceed?

Example 4Example 4 Since it is an identified habitat of the NE Since it is an identified habitat of the NE

Bulrush (w/in species town list) you will Bulrush (w/in species town list) you will identify a To Be Determined effect for this identify a To Be Determined effect for this alternative on the 52.alternative on the 52.

Seek other practice locations (alternatives) – Seek other practice locations (alternatives) – or, ask VTDFW or qualified botanist to survey or, ask VTDFW or qualified botanist to survey for NEBR, if not present evaluate wetlands for NEBR, if not present evaluate wetlands before proceeding with project.before proceeding with project.

If NEBR present and landowner will not If NEBR present and landowner will not consider alternative location select negative consider alternative location select negative effect – discontinue technical assistanceeffect – discontinue technical assistance

Example 5Example 5 Planning Unit is in Bloomfield (Essex Planning Unit is in Bloomfield (Essex

County)County)

Small tributary stream is experiencing Small tributary stream is experiencing erosion where it meets the Connecticut erosion where it meets the Connecticut River. Landowner and partners are River. Landowner and partners are interested in establishing woody vegetation interested in establishing woody vegetation in buffer and stabilizing bank.in buffer and stabilizing bank.

Biotics Layer shows dwarf wedgemussel Biotics Layer shows dwarf wedgemussel occurrence throughout stretch of stream.occurrence throughout stretch of stream.

What do you select on the CPA-52 and how What do you select on the CPA-52 and how do you proceed?do you proceed?

Example 5Example 5 Since it is an identified habitat of the DWM (w/in species Since it is an identified habitat of the DWM (w/in species

town list) you will identify a To Be Determined effect for town list) you will identify a To Be Determined effect for this alternative on the 52this alternative on the 52

Limited alternatives identified to address bank and Limited alternatives identified to address bank and buffer problembuffer problem

Start the informal consultation process Start the informal consultation process USFWS may be able to minimize impacts USFWS may be able to minimize impacts

Project may proceed with practice requirementsProject may proceed with practice requirements

May require formal consultation if adverse effects May require formal consultation if adverse effects cannot be avoided***cannot be avoided***

****This may be a project that has a short term adverse ****This may be a project that has a short term adverse effect but long term beneficial effect – USFWS WILL effect but long term beneficial effect – USFWS WILL help us through this process.help us through this process.

ENDEND