Michigan Rural Development

Natural Resource Management Guide

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height="3.9805555555555556in"}

# USDA Rural Development

3001 Coolidge Road, Suite 200

East Lansing, MI 48823

\(517\) 324-5209

# FAX (517) 324-5225

State Environmental Coordinator:

Andrew H. Granskog, P.E.

andy.granskog@mi.usda.gov

######### 1.0 Introduction

This document is a Michigan-specific guide prepared to assist loan
specialists and borrowers in the environmental review of applications
for Rural Development (RD) funding. It identifies primary contacts and
sources of information that are to be used for compiling information and
conducting environmental reviews as required under the National
Environmental Policy Act (NEPA). The National Environmental Policy Act
requires the federal government to consider the consequences of
federally funded projects on the environment. The main objective is to
make good decisions, after suitable consideration of the effect the
project is likely to have on the environment. Comments and questions on
this document can be directed to Andrew H. Granskog, P.E., Rural
Development's State Environmental Coordinator (SEC) for Michigan.

For further information on the NEPA environmental review process,
applicable environmental laws, the 4 levels of environmental review
(categorical exclusion, class I environmental assessment, class II
environmental assessment and environmental impact statement), and public
notice requirements, please refer to Part 1940-G, Environmental Program
available at the following website:

<http://www.rurdev.usda.gov/regs/regs_toc.html#1924>

> *General Note on websites provided: At the time of preparation of this
> document, every effort was made to ensure that website addresses are
> current, and take you to the information you need. If the website
> doesn't work, try to access the home page first, or use a search
> engine such as [www.google.com](http://www.google.com/) or
> [www.altavista.com](http://www.altavista.com/), etc. If all else
> fails, please contact the State Environmental Coordinator listed on
> the front page of this document.*

**2.0 Environmental Reviews and Protected Resources**

> All environmental reviews consider the protection of important
> environmental resources. Environmental reviews should include
> supporting information to provide a basis for the evaluation made. The
> protected resources most often considered are listed to the right:
>
> The discussion that follows will specify the following for each of the
> protected resources:

-   the level or degree of protection

-   Who to contact

> **2.1 Wetlands**
>
> [Level of Projection:]{.underline} In accordance with Executive Order
> 11990 and Section 363 of the Consolidated Farm and Rural Development
> Act (CONACT), it is RD policy to not approve or fund proposals that
> would lead to the conversion of or encroachment upon wetlands. In
> fact, the CONACT essentially prohibits conversion or altering of
> wetlands of *any size*, (except for underground piping trenches that
> will be restored).
>
> Wetlands are identified by having the following: a predominance of
> plants adapted to saturated soils, and distinctive soils that develop
> under saturated conditions (hydric soils). The Consolidated Farm and
> Rural Development Act (CONACT) prohibits the use of USDA RD funds for
> manipulating or converting wetlands.
>
> [Who to Contact:]{.underline} Most wetlands are under the jurisdiction
> of the Michigan Department of Environmental Quality (MDEQ), with those
> that are contiguous and adjacent to navigable waters also under the
> jurisdiction of the Corps of Engineers (USACOE). Contact the USACOE
> at:
>
> <http://www.lre.usace.army.mil/index.cfm?chn_id=1081>
>
> The MDEQ wetland assessment program may be contacted at the following
> website:
>
> <http://www.michigan.gov/deq> (click on water, wetlands protection,
> and wetlands assessment program)
>
> MDEQ's main point of contact for wetland assessment is:
>
> The MDEQ has 3 levels of wetland assessment: a desk review with
> available wetland and soils maps; a site inspection to delineate a
> boundary; and a site inspection to confirm a wetland boundary
> delineated by others. MDEQ's desk review is a good way to start,
> although it will not result in a delineated wetland boundary (cost:
> \$100 or less). A link to wetland inventory maps is available at the
> MDEQ website.
>
> Local Natural Resource Conservation Service (NRCS) offices and soil
> surveys are useful resources to help in the identification of
> wetlands, and more specifically, hydric soils. NRCS offices can be
> located at the contact information provided or the following website:
>
> [http://www.mi.nrcs.usda.gov](http://www.mi.nrcs.usda.gov/) (click on
> contact us)
>
> Some municipalities have local wetland ordinances as well. Areas with
> such ordinances can be found listed on the MDEQ website. If
> construction on a parcel of land for anything other than a buried
> utility line involves wetlands, a wetland delineation for the parcel
> will be necessary to demonstrate the wetland will not be affected.
> MDEQ and private consultants can provide assistance with wetland
> boundary delineation. Contact the SEC if you need more assistance.
>
> With regard to general water quality issues, RD funding objectives
> should be consistent with the intentions of the Clean Water Act, the
> Safe Drinking Water Act and the Water Quality Act as well as state
> government requirements. It is RD's policy to not carry out any
> project or proposal which would adversely affect the unique values of
> the water resources located in the State of Michigan.
>
> Construction projects will also need to consider stormwater permit
> issues and develop contract documents accordingly. MDEQ's stormwater
> program can be found at:
>
> [www.michigan.gov/deq](http://www.michigan.gov/deq) (click on water,
> surfacewater, and stormwater)
>
> **2.2 Floodplains**
>
> [Level of Protection:]{.underline} In accordance with Executive Order
> 11988, it is RD policy to avoid direct or indirect support of
> floodplain development wherever there is a practical alternative; and
> to reduce the risk of flood loss, to minimize the impact of floods on
> human safety, health and welfare, and to restore and preserve the
> natural and beneficial values served by floodplains. For most cases,
> it is the 100-year floodplain that is of concern. For critical actions
> (locating schools, hospitals, nursing homes, etc) the 500-year
> floodplain is of concern as well.
>
> [Who to Contact:]{.underline} A good place to start is to check the
> FEMA Community Status Book at <http://www.fema.gov/fema/csb.shtm>
> (click on Michigan). This document will tell you if the local
> community participates in the Flood Insurance Program and whether a
> floodplain map is published.
>
> ![](media/image2.png){width="1.2020833333333334in"
> height="0.3736111111111111in"}
>
> Floodplain maps can be found online at:
> [www.fema.gov](http://www.fema.gov/) by clicking on "Flood Map Store"
> and "Map Search."
>
> Jurisdiction for floodplain management rests with the MDEQ, and
> potentially the USACOE. If USACOE involvement is necessary, MDEQ will
> tell you. MDEQ's floodplain management website is:
>
> <http://www.michigan.gov/deq> (click on water, water management, &
> floodplain management,

the subdivision floodplain management link is useful also)

> You may also contact the USACOE at the website given previously.
>
> RD also maintains digital copies of all available FEMA Flood Insurance
> Rate (FIRM) maps at the State Office.

**2.3 Wilderness Areas, Wildlife Refuges, National Parks, National
Scenic Trails,**

> **Natural Landmarks**![](media/image3.jpeg){width="3.3in"
> height="2.004861111111111in"}
>
> [Level of Protection:]{.underline} Wilderness areas, wildlife refuges,
> national parks and scenic trails are protected resources.
>
> [Who to Contact:]{.underline} A good website with information on the
> individual wilderness areas is:
>
> <http://www.wilderness.net/nwps/maps/mi_map.cfm>
>
> National Forests and Forest Wilderness Areas are managed by USDA
> Forest Service who can be contacted at the following:
>
> Wildlife Refuges are managed by the United States Fish and Wildlife
> Service who can be reached at:
>
> The map below right indicates locations of wildlife refuges and Fish
> and Wildlife offices throughout the State.
>
> ![](media/image4.png){width="3.997916666666667in"
> height="3.0180555555555557in"}
>
> Michigan also has 2 National Parks, 2 National Lakeshores, a National
> Memorial, and the National North Country Scenic Trail that are
> administered by the National Park Service:
>
> Isle Royale National Park <http://www.nps.gov/isro/index.htm> Ph:
> (906)482-0984\
> Keweenaw National Historic Park <http://www.nps.gov/kewe/index.htm>
> Ph: (906) 337-3168
>
> Pictured Rocks National Lakeshore <http://www.nps.gov/piro/index.htm>
> Ph: (906) 387-2607
>
> Sleeping Bear Dunes National Lakeshore
> <http://www.nps.gov/slbe/index.htm> Ph: (231) 326-5134
>
> Father Marquette National Memorial <http://www.nps.gov/fama/index.htm>
>
> The North Country National Scenic Trail, which traverses
>
> Michigan, as well as 12 Natural Landmarks are also managed
>
> by the National Park Service. See the websites below:

North Country Scenic Trail: <http://www.nps.gov/noco/index.htm>

National Natural Landmarks:

####### <http://www.nature.nps.gov/nnl/Registry/USA_Map/States/Michigan/michigan.htm> 

> ![](media/image5.jpeg){width="2.4694444444444446in"
> height="2.942361111111111in"}
>
> National Natural Landmarks
>
> ![](media/image6.jpeg){width="2.8916666666666666in"
> height="2.3506944444444446in"}

Lastly, in Michigan, there are many state parks, linear parks,
recreation areas, and scenic sites, which can be located through the
Michigan Department of Natural Resources (MDNR) website
at:![](media/image7.png){width="4.396527777777778in"
height="4.2444444444444445in"}

> <http://www.michigan.gov/dnr>
>
> Contact information for the MDNR is:

####### MDNR

####### Parks and Recreation

Mason Building, Third Floor

P.O. Box 30257,

Lansing MI 48909

> 517-373-9900
>
> **2.4 Wild or Scenic Rivers**
>
> [Level of Protection:]{.underline} It is RD policy to reserve certain
> rivers in the natural free flowing condition and that their immediate
> environment shall be protected for the benefit and enjoyment of
> present and future generations. The State of Michigan is also has a
> program to protect state recognized rivers.
>
> [Who to Contact:]{.underline}
>
> Wild and Scenic Rivers are managed by the Forest Service. Contact the
> Forest Supervisor of the nearest National Forest at the contact
> information provided above. The State of Michigan has a State Natural
> Rivers program which is administered by the MDNR.

More information is given at <http://www.michigan.gov/dnr> (click on
wildlife and habitat, and natural rivers)

> **2.5 Cultural Resources (Historic & Archaeological
> Sites)**![](media/image9.jpeg){width="1.9in"
> height="2.8180555555555555in"}
>
> [Level of Protection:]{.underline} The State of Michigan Historic
> Preservation Office (SHPO) must review and comment on all Rural
> Development undertakings prior to completion of [all]{.underline} RD
> environmental assessments. That being said, USDA Rural Development has
> entered into a Programmatic Agreement with SHPO that includes a list
> (Appendix B of the Agreement) of activities that are unlikely to
> require review by SHPO.
>
> So the first thing to do is check the list. If the activity is listed,
> no review by SHPO is required. If not listed, the Section 106 review
> application should be prepared with supporting information and
> submitted to the SEC. The SEC will then review the application for
> completeness, make a finding and forward it on the SHPO. It is most
> important to give the SHPO everything they need for a review, the
> first time. Appendix A of the Natural Resource Management Guide
> includes SHPO's Section 106 Application review form **which must be
> used**. Appendix A also includes instructions for filling out the
> application. If there are questions about the guidance in Appendix A,
> please contact the SEC.
>
> Contrary to popular belief, the SHPO does not have a complete list of
> all of the historic properties in Michigan, they only know about
> places on the National Register of Historic Places. In fact any
> building greater than 50 years of age is potentially eligible for
> listing on the register, but only the SHPO or other qualified
> individuals (e.g. historians, or historical architects) can make a
> determination as to whether a property or structure is eligible and
> warrants protection.
>
> In a similar fashion, the SHPO does not know about all archaeological
> sites, because many have not been discovered yet. For this reason, the
> SHPO also has the Office of the State Archaeologist review projects to
> determine if they are near known sites, or have the potential to have
> archaeological resources.
>
> The 1992 National Historic Preservation Act amendments (Section 106)
> place major emphasis on the role of Indian tribes. Compliance with
> Section 106 requires that RD projects must involve consultation with
> any Indian tribe that attaches religious and cultural significance to
> historic properties that may be affected by a federal undertaking
> *regardless of location*. Following receipt of the SHPO's clearance, a
> copy of the letter, with a one-page project description and
> topographic map (with project layout) should be submitted to the SEC.
> Tribal consultation will then be made directly by the SEC
>
> The Section 106 Review Application Form can be downloaded
> electronically at:
>
> <http://www.michigan.gov/hal/0,1607,7-160-17449_18638_21819-98336--,00.html>
>
> SHPO is unable to accept applications by electronic form (email) and
> has requested they be mailed.
>
> **2.6 Coastal Barriers**
>
> [Level of Protection:]{.underline} The Coastal Barrier Resources Act
> and the Coastal Barrier Improvement Act provide the regulatory
> framework for protection of coastal areas. Areas along the Great Lakes
> shoreline have been designated "Coastal Barrier Resources System Units
> (CBRS)". Federal agencies are prohibited from providing financial
> assistance in CBRS units.
>
> [Who to Contact:]{.underline}
>
> The MDEQ, Land and Water Management Division, Permit Consolidation
> Unit is the lead State Coastal Management Program agency. Projects
> involving coastal resources will need a statement from MDEQ that the
> project is consistent with the coastal management plan. For more
> information, see the website below:
>
> <http://www.michigan.gov/deq> (click on water, Great Lakes, and
> shoreline management)
>
> Permits may be required from the MDEQ for some construction projects.
> Environmental reviews should discuss permitting requirements, if
> permits are needed. Maps showing all 45 of the Coastal Barrier
> Resources System Units in Michigan are included in Appendix B.
> Michigan also has coastal zone management areas which should be
> considered. Michigan's Coastal Zone Management program and coastal
> zone boundary maps are available at the website mentioned above (click
> on water, Great Lakes, and coastal management).
>
> **2.7 Critical Habitats (Endangered or Threatened Species)**
>
> [Level of Protection:]{.underline} RD shall not authorize, fund or
> carry out any proposal or project that is likely to jeopardize the
> continued existence of any plant or wildlife species listed by the
> Secretary of the Interior or Commerce as endangered or threatened.
>
> [Who to Contact:]{.underline}
>
> There are two entities to contact with responsibilities in this area,
> which include:
>
> Response letters from both agencies are required for environmental
> assessments. Fish & Wildlife Service should state whether the project
> is in a national wildlife refuge. Depending on the project location,
> biological resource surveys for plant or animal species may be
> required. This will involve field work by qualified personnel,
> approved by Fish and Wildlife or MDNR. If a survey is needed, it must
> be complete before submitting the environmental assessment, please
> contact the SEC.
>
> **2.8 Important and Prime Farmlands**
>
> [Level of Protection:]{.underline} Farmlands that are prime,
> important, or have unique characteristics are protected as a part of
> RD policy. RD intends to avoid unwarranted conversion of these
> resources and where this is unavoidable, to mitigate potential adverse
> impacts on them.
>
> [Who to Contact:]{.underline} Important farmland includes prime
> farmland soils, unique soils and soils of local importance which are
> listed by soil type by Michigan Natural Resources Conservation Service
> (NRCS). Contact the nearest NRCS office, addresses of which can be
> found at:
>
> <http://www.mi.nrcs.usda.gov/> (click on "contact us")
>
> A copy of the prime and important farmland soil series list is
> included in Appendix C. RD also maintains copies of the prime farmland
> soils lists at the state and area offices as well as having access to
> all Michigan soil surveys at the state office.
>
> Prime farmland is identified by soil type, not by whether it is farmed
> or not. Also, some prime farmland soil types are considered prime only
> if they are drained. For the environmental review, if it is not clear
> or verifiable whether the land is drained or not, assume that it is.
>
> For projects involving construction of structures (e.g. buildings,
> parking areas, etc) a map of the parcel showing the extent of prime
> farmland soils should be included, with construction located to avoid
> prime farmland soils if possible. If the project involves direct
> conversion of prime farmland to a use that prohibits agricultural use,
> public notice will be required and alternate sites will need to be
> evaluated. Please contact the SEC for sites that involve direct
> conversion of prime farmland prior to submitting an environmental
> assessment. Michigan does not have any prime rangelands or
> forestlands.
>
> **2.9 Sole Source Aquifers**
>
> There are no sole source aquifers in Michigan.
>
> **2.10 Air Quality, Transportation, and Noise**
>
> Other issues not previously discussed could be impacts from the
> project on air quality, transportation, and noise. Impacts from these
> issues usually occur during construction and if necessary, should have
> mitigation measures specified to address them. Noise ordinances
> enforced by the local community, if they exist, should be briefly
> discussed in the Environmental Assessment. Air Quality compliance
> issues, such as air discharge permits or non-attainment areas need not
> be included in the assessment unless they are of particular importance
> to the project (e.g. the project will require an air discharge permit
> or is in a non-attainment area). For further information, please
> contact the State Environmental Coordinator. MDEQ's air quality
> program can be found at:
>
> [www.michigan.gov/deq](http://www.michigan.gov/deq) (click on "air")
>
> **2.11 Underground Storage Tanks and Contamination**
>
> Another environmental issue is the presence of environmental
> contamination from leaking underground storage tanks (UST's)
> aboveground storage tanks (AST's) or other sources. Sites with known
> contamination will need to have that discussed in the assessment. If
> the site is suspected to be a former gas station or to potentially
> have contaminated soil or groundwater, RD should make efforts to
> determine what is known about contamination. The project may need
> mitigative measures to deal with contamination if it is discovered
> during construction. This may also involve special material or
> construction specifications to accommodate the environmental
> condition. The most common sites to be concerned with are leaking
> underground storage tanks (LUST's), which can be searched at the
> following website:
>
> <http://www.michigan.gov/deq> (click on land, and storage tanks)
>
> Home Heating Oil Tanks
>
> The existence of home heating oil tanks is common in rural areas.
> Underground heating oil tanks present some concern. The most common
> question is, "What should be done with underground heating oil tanks
> that are no longer used, or found abandoned on the site?"
>
> AST and UST home heating oil tanks are regulated under the Flammable
> and Combustible Liquids (FL/CL) Rules, Part 4, 1992, AACS R29.4101 et
> seq. , which were promulgated under the authority of the Michigan Fire
> Prevention Code, 1941 PA 207, as amended.
>
> Homeowners can either do the work themselves or hire an environmental
> consultant to remove or close the UST or AST. Environmental
> consultants who can arrange the entire job of removing, cleaning, and
> disposing of the tank are listed in the yellow pages of the telephone
> book under "Environmental and Ecological Services".
>
> If there are dark stains in the soil, soils that smell oily or like
> gas, or an oily sheen on water in the excavation, the homeowner or
> their designated representative must report the release to the
> **Environmental Response Division** by calling **800-292-4706**.