Appendix a Guidance for Making Wetland Minimum Effect Decisionsmay 2011

Appendix A Guidance for Making Wetland Minimum Effect DecisionsMay 2011

APPENDIX A

List of Red Flags and Yellow Flags for Minimal Effects/Mitigation decisions relevant to USDA program wetland provisions in Alaska [7 CFR Section 12.5(b) (1) (v)] and [NFSAM 515.0]

Red Flags

The following red flags include both preemptive conditions and identified wetland classes for Minimal Effects/Mitigation decisions relevant to USDA program wetland provisions in Alaska [NFSAM 515.1]

- These are conditions that would preempt use of Minimal Effects/Mitigation provisions. When the following conditions exist the operator will automatically not qualify for Minimal Effect or Mitigation options.

Area/habitat known to be used by state or federally listed threatened, endangered, proposed or candidate species.

Areas where the activity will violate any restrictive covenant or deed restriction (related to wetlands, wildlife species, open space, natural area, etc.) or impact wetlands which have been restored under any government program

Activities that will impact any area on state or federal listed historical or archeological site or sites potentially eligible for such lists

Activity that will impact any areas with known ecological or geological features or communities considered by federal or state agencies to be unusual or rare in the region

Areas that are immediately adjacent (within on quarter mile) to and hydrologically connected with surface waters, to waters known to contain aquatic species of local/state concern; such as water bodies identified on the Alaska "Catalog Of Waters Important For Spawning, Rearing Or Migration Of Anadromous Fishes".

Areas where the activity will impact areas in immediate proximity of existing or proposed public water supply intake and/or reservoir system.

Areas that could impact an area within a Local or State Protection Area

Areas protected under American Indian Religious Freedom Act.

Areas with hazardous wastes sites identified CERCLA or RCRA.

Areas protected under the Wild and Scenic Rivers Act.

Special aquatic sites (as defined by CWA Sec. 404 (b) (1) Guidelines).

Wetlands identified for protection within designated watershed projects areas.

Any wetland greater than 10 acres in size.

Wetlands in HGM subclass "Slope" or groundwater discharge wetlands, such as Fens.

Yellow Flags

These are conditions that would indicate caution before utilizing the Mitigation provisions. Minimal Effect Exemption does not apply. When the following conditions exist the Minimal Effect/Mitigation options can be implemented only with the assistance of the NRCS state biologist and the concurrence of the local FWS and COE representative.

Estuarine Fringe Wetlands

Lacustrine Fringe Wetlands

Riverine Wetlands

Wetlands on slopes greater than 10% (any HGM subclass)

Wetlands that have value for flood control in relation to human habitation or other development, i.e., roads, bridges, airports, cropland, etc.

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