NRCS Conservation Practice Effect Determinations for the Federally Endangered Atlantic Salmon (Salmo salar), Endangered Shortnose Sturgeon (Acipenser brevirostrum), Threatened Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus), and Designated Critical Habitat
The Natural Resources Conservation Service (NRCS) in Maine developed this practice effects matrix in consultation with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS), collectively the “Services”, to help NRCS personnel make effect determinations for NRCS controlled actions that occur within occupied watersheds within the Gulf of Maine Distinct Population Segment (GOMDPS) of Atlantic salmon, watersheds designated as “critical habitat” for Atlantic salmon, shortnose sturgeon watersheds, and Atlantic sturgeon watersheds. The matrix involves a table of NRCS conservation practices with potential effects determinations for each. When Program financial assistance or other agency control is\will be involved, NRCS District Conservationists\Planners will use the table as a guide to help make an objective and defensible effects determination.
The table is based on the application of conservation practices under common planning scenarios encountered in Maine. NRCS planners will use this table and their knowledge of the “action area” and practices to make decisions regarding “effects of an action” on protected species and habitats. In most cases, NRCS practices will have long term benefits to water quality and aquatic resources; however, there may be short-term adverse effects (“direct” or “indirect”) during practice installation that need to be avoided or minimized to where adverse effects to species and designated critical habitat are not likely to occur.
Depending on practice specifics and practice location, affects determinations will be one of the following:
NE – “No Effect” to species and critical habitat
NLAA – “May affect, not likely to adversely affect” species and critical habitat (as long as NLAA footnoted conditions in this matrix apply, no further consultation is necessary.)
Potential LAA – The practice has the potential to result in a “May affect, likely to adversely affect” species and\or critical habitat (Contact the USFWS or NMFS, as appropriate, to determine if informal or formal ESA section 7 consultation is needed for the project.)
- See glossary, page 18, for definition of these effects.
This practice effects matrix, and associated affect determinations, applies to the following geographic areas:
Any watershed within the GOMDPS of A. salmon occupied by A. salmon (e.g., Salmon Critical Habitat and the 3 lower Sebasticook HUC-10 watersheds); including areas specifically excluded from critical habitat designation (e.g., tribal land or lands excluded for economic reasons).
Occupied habitat in shortnose and Atlantic sturgeon watersheds.
Anywhere within the GOMDPS of A. salmon when irrigation-related practices with a “Potential LAA” designation or “Initiate Consultation” wording in the matrix table.
With the exception of situations where irrigation practices have been identified as having potential to be designated as LAA, all practices planned in geographic areas other than 1 and 2 above will have no effect on listed species and designated critical habitat. The GOMDPS A. salmon, Critical Habitat\Occupied A. salmon watersheds, and sturgeon watershed layers, are provided in the ArcGIS Federally Protected feature dataset of the Maine NRCS Customer Service Toolkit. Atlantic sturgeon are widespread and is likely to inhabit the main stem of any river from its lowermost dam to its confluence with the sea.
In order to aid NRCS staff in making an objective and defensible effects determination, the table provides a key to assess rational and criteria to make an appropriate affects determination for a practice. This information is presented as numbers or symbols adjacent to X’s in the table. The numbers and symbols correspond to footnotes (starting on page 8) that describe conditions that must be met in order to achieve that particular effects determination. XǾ conditions apply to all practices with a NLAA designation. In addition, some practices have a NLAA determination with additional requirements above and beyond those described under XǾ. These practices have a specific footnote identifier (XǾ + XA-M). If a practice has both a NLAA and Potential LAA designation, the practice has been identified as one more likely to have an adverse affect and will require special care during planning.
A final effects designation is determined by site-specific conditions, whether footnoted conditions apply or can be achieved, and the extent to which site-specific measures can be incorporated to avoid adverse effects to species or designated critical habitat. Always read through all footnotes applicable to a practice prior to making a final effect determination.
When there is uncertainty as to what the appropriate effects determination should be or NLAA criteria cannot be achieved NRCS staff shall contact the appropriate “Service” to determine whether informal or formal consultation will be required. When a Potential LAA is designated for a practice in the matrix table, consultation with the “Services” is required.
Initiation of ESA consultation will require the completion of the ME-ECS-1 form with support documentation. Required support documentation includes: a map denoting the project location (scale = 1:24,000, or larger), plan maps, at-risk species map, and a detailed description of the practices and their potential effects on the ME-ECS-1. Additional support information may include, but is not limited to: engineering drawings, photos of the project site and photos of downstream, upstream, streambank and riparian conditions. The “Services” will need detailed site-specific and practice-specific information to be able to concur or not concur with NRCS’ effects determinations, to be able to determine whether informal or formal ESA section 7 consultation is needed.
Note: Follow Maine policy (GM120 Amendment ME 11, Part 408, Subpart C) prior to sharing any personally identifiable information of a client.
Table 1. NRCS Practices, Practice Codes, and Effects Determinations
Practice
|
Practice
|
Practice Effects Designation, Rational, and Criteria
|
Name
|
Code
|
NE1
|
NLAA
|
PotentialLAA1
|
Access Control
|
472
|
X
|
|
|
Access Road
|
560
|
|
XǾ+ XA
|
X
|
Agrichemical Handling Facility
|
309
|
|
XǾ
|
|
Anaerobic Digester - Controlled Temperature
|
366
|
|
XǾ
|
|
Animal Trails & Walkways
|
575
|
|
XǾ+ XA
|
X
|
Aquatic Organism Passage
|
396
|
|
|
X
|
Brush Management (see “herbicide” under XǾ)
|
314
|
|
XǾ + XF
|
|
Channel Stabilization
|
584
|
|
XN
|
X
|
Clearing and Snagging (if NE footnote conditions do not apply, consultation is required)
|
326
|
X1
|
XN
|
X
|
Composting Facility
|
317
|
|
XǾ
|
|
Conservation Cover
|
327
|
X
|
|
|
Conservation Crop Rotation
|
328
|
X
|
|
|
Contour Buffer Strips
|
332
|
X
|
|
|
Contour Farming
|
330
|
X
|
|
|
Cover Crop
|
340
|
X
|
|
|
Critical Area Planting (when a facilitating practice for streambank stabilization, a LAA determination applies)
|
342
|
|
XǾ
|
X
|
Dam
|
402
|
|
|
X
|
Dam, Diversion
|
348
|
|
|
X
|
Deep Tillage
|
324
|
|
XǾ+ XB
|
|
Dike
|
356
|
|
|
X
|
Diversion
|
362
|
|
XǾ
|
|
Early Successional Habitat Development & Management
|
647
|
|
XǾ
|
|
Farm Energy Improvement
|
374
|
X
|
|
|
Fence (interior and perimeter fencing not along shorelines, and fence posts pushed into the ground will have no effect)
|
382
|
|
XǾ+ XC
|
|
Field Border
|
386
|
X
|
|
|
Filter Strip
|
393
|
|
XǾ
|
|
Firebreak
|
394
|
|
XǾ+ XD
|
|
Forage and Biomass Planting
|
512
|
|
XǾ
|
|
Forage Harvest Management
|
511
|
X
|
|
|
Forest Stand Improvement
|
666
|
|
XǾ
|
|
Forest Trails and Landings
|
655
|
|
XǾ+ XA
|
X
|
Grade Stabilization Structure (see “water outlet” under XǾ)
|
410
|
|
XǾ
|
X
|
Grassed Waterway (see “water outlet” under XǾ)
|
412
|
|
XǾ
|
X
|
Heavy Use Area Protection
|
561
|
|
XǾ
|
|
Hedgerow Planting
|
422
|
X
|
|
|
Herbaceous Weed Control
(see “herbicide” under XǾ)
|
315
|
|
XǾ + XF
|
|
Integrated Pest Management
|
595
|
X
|
|
|
Irrigation Storage Reservoir
|
436
|
Initiate Consultation
|
Irrigation System, Micro-irrigation (if NE footnote conditions do not apply, consultation is required)
|
441
|
X2
|
Initiate Consultation
|
Irrigation System, Sprinkler (if NE footnote conditions do not apply, consultation is required)
|
442
|
X2
|
Initiate Consultation
|
Irrigation Water Conveyance, Aluminum Tubing Pipeline (if NE footnote conditions do not apply, consultation is required)
|
430AA
|
X2
|
|
|
Irrigation Water Conveyance, Asbestos - Cement Pipeline (if NE footnote conditions do not apply, consultation is required)
|
430BB
|
X2
|
|
|
Irrigation Water Conveyance, Non-reinforced Concrete Pipeline (if NE footnote conditions do not apply, consultation is required)
|
430CC
|
X2
|
|
|
Irrigation Water Conveyance, High Pressure Underground Plastic Pipeline (if NE footnote conditions do not apply, consultation is required)
|
430DD
|
X2
|
|
|
Irrigation Water Conveyance, Low Pressure Underground Plastic Pipeline (if NE footnote conditions do not apply, consultation is required)
|
430EE
|
X2
|
|
|
Irrigation Water Conveyance, Steel Pipeline (if NE footnote conditions do not apply, consultation is required)
|
430FF
|
X2
|
|
|
Irrigation Water Conveyance, Reinforced Plastic Mortar Pipeline (if NE footnote conditions do not apply, consultation is required)
|
430GG
|
X2
|
|
|
Irrigation Water Management
|
449
|
X2
|
Initiate Consultation
|
Land Clearing
|
460
|
|
XǾ
|
|
Land Smoothing
|
466
|
|
XǾ
|
|
Lighting System Improvement
|
670
|
X
|
|
|
Lined Waterway or Outlet (see “water outlet” under XǾ)
|
468
|
|
XǾ
|
X
|
Mulching
|
484
|
X
|
|
|
Nutrient Management
|
590
|
|
XǾ
|
|
Obstruction Removal
|
500
|
|
XǾ+ XE
|
|
Pipeline
|
516
|
X
|
|
|
Pond
|
378
|
Initiate Consultation
|
Pond Sealing or Lining, Bentonite Sealant
|
521C
|
X
|
|
|
Pond Sealing or Lining, Flexible Membrane
|
521A
|
X
|
|
|
Pond Sealing or Lining, Soil Dispersant
|
521B
|
X
|
|
|
Prescribed Grazing
|
528
|
X
|
|
|
Pumping Plant
|
533
|
|
XǾ+ XG
|
X
|
Residue and Tillage Mgmt, Reduced Till
|
345
|
X
|
|
|
Residue and Tillage Mgmt., No-Till
|
329
|
|
XǾ
|
|
Riparian Forest Buffer
|
391
|
X3
|
XǾ
|
|
Road/Trail/Landing Closure and Treatment (If work involves work in or over a stream (e.g., culvert or bridge removal), consultation is required)
|
654
|
|
XǾ+ XA
|
X
|
Roofs and Covers
|
367
|
X
|
|
|
Roof Runoff Structure
|
558
|
X
|
|
|
Row Arrangement
|
557
|
X
|
|
|
Seasonal High Tunnel System for Crops, Interim Standard
|
798
|
X
|
|
|
Sediment Basin
|
350
|
|
XǾ+ XH
|
X
|
Solid/Liquid Waste Separation Facility
|
632
|
|
XǾ
|
|
Spring Development
|
574
|
|
XǾ+ XI
|
|
Stream Crossing (effects to perennial streams only, see glossary)
|
578
|
|
XN
|
X
|
Stream Habitat Improvement & Mgmt
|
395
|
|
XN
|
X
|
Streambank & Shoreline Protection
|
580
|
|
XN
|
X
|
Strip-cropping
|
585
|
X
|
|
|
Structure for Water Control
|
587
|
|
XǾ+ XJ
|
X
|
Structures for Wildlife
|
649
|
X
|
|
|
Subsurface Drain
|
606
|
|
XǾ+ XK
|
X
|
Surface Drainage Field Ditch
|
607
|
|
XǾ+ XK
|
X
|
Surface Drainage - Main or Lateral
|
608
|
|
XǾ+ XK
|
X
|
Terrace
|
600
|
X
|
|
|
Tree and Shrub Establishment
|
612
|
X3
|
XǾ
|
|
Tree and Shrub Pruning
|
660
|
X
|
|
|
Tree and Shrub Site Preparation
|
490
|
|
XǾ
|
|
Underground Outlet
|
620
|
X
|
|
|
Upland Wildlife Upland Habitat Mgmt
|
645
|
X4
|
XǾ
|
|
Vegetated Treatment Area (formerly Wastewater Treatment Strip)
|
635
|
|
XǾ
|
|
Waste Storage Facility
|
313
|
|
XǾ
|
X
|
Waste Transfer
|
634
|
X
|
|
|
Waste Treatment
|
629
|
X
|
|
|
Waste Treatment Lagoon
|
359
|
|
XǾ
|
|
Water and Sediment Control Basin
|
638
|
|
XǾ+ XH
|
X
|
Water Well
|
642
|
|
XǾ+ XL
|
X
|
Watering Facility
|
614
|
X
|
|
|
Wetland Creation
|
658
|
|
|
X
|
Wetland Enhancement
|
659
|
|
XǾ+ XM
|
X
|
Wetland Restoration
|
657
|
|
XǾ+ XM
|
X
|
Wildlife Wetland Habitat Management
|
644
|
X4
|
XǾ+ XM
|
X
|
Windbreak/Shelterbelt Establishment
|
380
|
X
|
|
|
Totals
|
47
|
51
|
35
|
Directory: references -> publicreferences -> References Agusti-Panareda, A., C. D. Thorncroft, G. C. Craig, and S. L. Gray, 2003: The extratropi-cal transition of hurricane Irene (1999): a potential vorticity perspective. Quart. J. Roy. Meteor. Soc., 128references -> Standard Specifications For Structural Supports for Highway Signsreferences -> Alexander, C. J., 2000. On Back-Testing "Zero-Investment" Strategiesreferences -> References List (Updated: 8 January 2015) Bosart, L. F., and J. A. Bartlo, 1991: Tropical storm formation in a baroclinic environment. Mon. Wea. Rev., 191references -> J. P. Morgan Securities European Equity Derivatives Research Investment Strategies nreferences -> 1/c submarine community professional knowledge learning Objectivespublic -> Creating and stabilizing sand dunes
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