82_FR_28588 82 FR 28469 - Notice of Availability of Proposed Revisions to Section I of the Iowa, Minnesota, North Dakota, and South Dakota State Technical Guides for Public Review and Comment

82 FR 28469 - Notice of Availability of Proposed Revisions to Section I of the Iowa, Minnesota, North Dakota, and South Dakota State Technical Guides for Public Review and Comment

DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service

Federal Register Volume 82, Issue 119 (June 22, 2017)

Page Range28469-28470
FR Document2017-13061

Notice is hereby given of the intention of NRCS to issue revisions to the State Offsite Methods (SOSM) for use in Iowa, North Dakota, Minnesota, and South Dakota. The SOSM is used in completing wetland determinations for USDA program eligibility purposes. The existing SOSM's have been in use since July 2015, NRCS is seeking comments only on the proposed revisions to these documents. The revisions are needed to clarify procedures and improve consistency in application. NRCS State Conservationists in each of these States will incorporate their revised SOSM into Section I of their respective electronic Field Office Technical Guide (FOTG). As identified in the National Food Security Act Manual these revised methods may be used for completion of wetland determinations. Section 343 of the Federal Agriculture Improvement and Reform Act of 1996 requires NRCS to make available for public review and comment all proposed revisions to methods and procedures used to carry out the Highly Erodible Land and wetland compliance provisions of the 1985 Food Security Act (as amended).

Federal Register, Volume 82 Issue 119 (Thursday, June 22, 2017)
[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Notices]
[Pages 28469-28470]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13061]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2016-0012]


Notice of Availability of Proposed Revisions to Section I of the 
Iowa, Minnesota, North Dakota, and South Dakota State Technical Guides 
for Public Review and Comment

AGENCY: Natural Resources Conservation Service (NRCS).

ACTION: Notice of availability of proposed revisions to Section I of 
the Iowa, Minnesota, North Dakota, and South Dakota State Technical 
Guides for public review and comment.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given of the intention of NRCS to issue 
revisions to the State Offsite Methods (SOSM) for use in Iowa, North 
Dakota, Minnesota, and South Dakota. The SOSM is used in completing 
wetland determinations for USDA program eligibility purposes. The 
existing SOSM's have been in use since July 2015, NRCS is seeking 
comments only on the proposed revisions to these documents. The 
revisions are needed to clarify procedures and improve consistency in 
application.
    NRCS State Conservationists in each of these States will 
incorporate their revised SOSM into Section I of their respective 
electronic Field Office Technical Guide (FOTG). As identified in the 
National Food Security Act Manual these revised methods may be used for 
completion of wetland determinations. Section 343 of the Federal 
Agriculture Improvement and Reform Act of 1996 requires NRCS to make 
available for public review and comment all proposed revisions to 
methods and procedures used to carry out the Highly Erodible Land and 
wetland compliance provisions of the 1985 Food Security Act (as 
amended).

DATES: 
    Effective Date: This is effective June 22, 2017.
    Comment Date: Submit comments on or before June 22, 2017.
    Final versions of these revised State Offsite Methods will be 
adopted after the close of the 30-day period and after consideration of 
all comments.

ADDRESSES: You may submit comments, identified by Docket Number NRCS-
2016-0012, using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand-delivery: Public Comments Processing, 
Attention:

[[Page 28470]]

Regulatory and Agency Policy Team, Strategic Planning and 
Accountability, Natural Resources Conservation Service, 5601 Sunnyside 
Avenue, Building 1-1112D, Beltsville, Maryland 20705.
     Email: [email protected]. Include Docket Number 
NRCS-2016-0012 or ``comment on proposed revisions to Section I'' in the 
subject line of the email message.
    NRCS will post all comments on http://www.regulations.gov. In 
general, personal information provided with comments will be posted. If 
your comment includes your address, phone number, email, or other 
personal identifying information, your comments, including personal 
information, may be available to the public. You may ask in your 
comment that your personal identifying information be withheld from 
public view, but this cannot be guaranteed.

FOR FURTHER INFORMATION CONTACT: The appropriate NRCS State 
Conservationist as listed below;

Kurt Simon, State Conservationist, Natural Resources Conservation 
Service, 210 Walnut Street, Room 693, Des Moines, Iowa 50309-2180, 
(515) 284-4769, [email protected], NRCS Iowa Web site: http://www.nrcs.usda.gov/wps/portal/nrcs/site/ia/home/.
Mary Podoll, State Conservationist, Natural Resources Conservation 
Service, 220 E. Rosser Ave., Room 278, Bismarck, North Dakota 58502-
1458, (701) 530-2003, [email protected], NRCS North Dakota Web 
site http://www.nrcs.usda.gov/wps/portal/nrcs/site/nd/home/.
Cathee Pullman, State Conservationist, Natural Resources Conservation 
Service, 375 Jackson Street, Suite 600, St. Paul, Minnesota 55101-1854, 
(651) 602-7854, [email protected], NRCS Minnesota Web site: 
http://www.nrcs.usda.gov/wps/portal/nrcs/site/mn/home/.
Jeff Zimprich, State Conservationist, Natural Resources Conservation 
Service, Federal Building, Room 203, 200 Fourth Street SW., Huron, 
South Dakota 57350-2475, (605) 352-1200, [email protected], 
NRCS South Dakota Web site: http://www.nrcs.usda.gov/wps/portal/nrcs/site/sd/home/.
    Electronic copies of the proposed revised SOSMs are available in 
the docket information section of this notice. There are separate SOSM 
documents for each state. In general, all documents have similar 
language with the exception that the South Dakota and North Dakota SOSM 
contains procedures for playa wetlands. Playa wetlands do not exist in 
either Minnesota or Iowa. NRCS is seeking comments on the revisions to 
these documents. Each document's revisions (deletions, additions, and 
strike-throughs) can be viewed in a ``track changes'' format. Requests 
for paper versions or inquiries may be directed to Paul Flynn, Wetland 
Project Manager, U.S. Department of Agriculture, Natural Resources 
Conservation Service, 375 Jackson Street, Suite 600, St. Paul, 
Minnesota 55101.

SUPPLEMENTARY INFORMATION: To fully understand the proposed revisions, 
individuals are encouraged to compare these changes with each State's 
current version as shown on each State's Web site. To aid in this 
comparison, following are highlights of the proposed revisions to each 
State's SOSM by section:

2.1 Develop a Base Map

     Clarifies that sampling unit boundaries as viewed on 
aerial imagery can be adjusted using other references including Light 
Detection and Ranging data.
     Reinforces that for sites without pre-1985 manipulation 
sampling units can be identified using references other than aerial 
imagery.
     Provides clarification that all sampling units recorded on 
the Base Map reflect consideration of Normal Environmental Conditions 
and sites with pre-1985 drainage also accurately reflect the condition 
of the drainage.
     Provides direction that drainage manipulations and their 
approximate year of installation will be identified on the base map or 
another reference.

2.2.1 and 2.3.1 Hydrophytic Vegetation

     Clarifies how the Official Soil Description (OSD) section 
titled ``Use and Vegetation'' can be used in verifying hydrophytic 
vegetation.

2.2.3, 2.3.3, and 2.4.2 Wetland Hydrology

     Clarifies that wetland hydrology for sites without pre-
1985 drainage is determined to be present when wetness signatures are 
found on 50 percent or more of imagery reviewed.
     Explains that the wetland hydrology review for sites 
without pre-1985 drainage consists of all available normal years 
starting with the 2014 image year and going back to 1980.
     Clarifies how wetness signatures are defined and annotated 
on the data sheet.
     Allows that when a normal year image is of poor quality 
such that wetness signatures are not discernable, those image years can 
be excluded from the imagery review.
     Defines the term ``all available'' when used with aerial 
images or photography.

2.4.3 Wetland Hydrology (With Pre-1985 Drainage)

     Explains how the agency expert determines the best 
drainage condition of the sampling unit.
     Explains how, after determining the best drained 
condition, the agency expert uses aerial imagery to determine when 
wetland hydrology is positive or negative.

3.1 Verification of Pre-1985 Cropping History

     Allows verification based on person provided records that 
document cropping history.

3.2 Verification of Pre-December 23, 1985, Manipulation(s)

     Adds additional references that can be used to make this 
determination.

3.3 Verification of Post-1985 Potential Conversion

     Provides that verification will include review of the most 
recent year of aerial photography available.

3.5.1 Verification of Presence of Woody Vegetation as of December 23, 
1985

     Adds this verification as an independent determination.

3.6 Determination of the Required Conditions for the Following WC 
Labels

     Deletes this entire Section including Table 1. Guidance in 
the National Food Security Act Manual will be followed to apply USDA 
wetland labels.

    Dated: May 22, 2017.
Kevin Wickey
Regional Conservationist, Central Region, Natural Resources 
Conservation Service.
[FR Doc. 2017-13061 Filed 6-21-17; 8:45 am]
 BILLING CODE 3410-16-P



                                                                              Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices                                           28469

                                                or prohibit activities under the 1872                     A USFS approved re-vegetation plan                   DEPARTMENT OF AGRICULTURE
                                                General Mining Law that are otherwise                   would be developed and implemented.
                                                lawful. Therefore it is the intent of the               The plan specifies site-specific locally               Natural Resources Conservation
                                                Sierra National Forest to conduct an                    native species sown from seed, or                      Service
                                                environmental analysis of the Torosian’s                propagated from cuttings or other                      [Docket No. NRCS–2016–0012]
                                                proposal, determine the impacts to the                  vegetative methods to be planted.
                                                environment, identify appropriate                       Introduction prevention and spread of                  Notice of Availability of Proposed
                                                mitigation measures, establish a                        invasive non-native plants would be                    Revisions to Section I of the Iowa,
                                                reclamation plan, and issue an approved                 built into all stages of the project.                  Minnesota, North Dakota, and South
                                                plan of operation to authorize the                                                                             Dakota State Technical Guides for
                                                proposal.                                               Responsible Official                                   Public Review and Comment
                                                Purpose and Need for Action                               Sierra National Forest Supervisor,                   AGENCY:  Natural Resources
                                                   The purpose of the project from the                  Dean A. Gould.                                         Conservation Service (NRCS).
                                                USFS perspective is to comply with the                  Nature of Decision To Be Made                          ACTION: Notice of availability of
                                                agency responsibility to comply with                                                                           proposed revisions to Section I of the
                                                the 1872 Mining Act and the 36 Code of                    The decision to be made is whether or                Iowa, Minnesota, North Dakota, and
                                                Federal Regulations (CFR) 228 requiring                 not to approve and authorize the                       South Dakota State Technical Guides for
                                                the USFS to authorize a proposed PoO                    proposed mining PoO submitted by                       public review and comment.
                                                submitted by Dave and Steve Torosian,                   Dave and Steve Torosian.
                                                with the appropriate mitigation                                                                                SUMMARY:   Notice is hereby given of the
                                                measures and to reclaim the mining                      Preliminary Issues                                     intention of NRCS to issue revisions to
                                                disturbance to pre-existing conditions.                                                                        the State Offsite Methods (SOSM) for
                                                                                                           Preliminary issues include diversion                use in Iowa, North Dakota, Minnesota,
                                                The purpose of the project from the                     of water from the small tributary where
                                                proponent’s perspective is to mine gold                                                                        and South Dakota. The SOSM is used in
                                                                                                        mining is proposed and stream bed                      completing wetland determinations for
                                                bearing gravels along 1350 feet of
                                                                                                        alteration of a perennial stream channel               USDA program eligibility purposes. The
                                                channel, as a pilot project to determine
                                                                                                        where mining will occur; management                    existing SOSM’s have been in use since
                                                the most practical, economically
                                                efficient and viable future mining                      of invasive weeds; impacts to riparian                 July 2015, NRCS is seeking comments
                                                method.                                                 habitat; and soil and vegetation                       only on the proposed revisions to these
                                                                                                        disruption resulting in habitat                        documents. The revisions are needed to
                                                Proposed Action                                         disturbance and erosion.                               clarify procedures and improve
                                                   The mining PoO proposes to excavate                                                                         consistency in application.
                                                                                                        Permits or Licenses Required
                                                alluvial gold bearing gravels along the                                                                          NRCS State Conservationists in each
                                                stream channel in three locations.                         Several permits will be required                    of these States will incorporate their
                                                Mining activity would consist of                        including (1) permit from California                   revised SOSM into Section I of their
                                                excavating the entire width of the                      Fish and Game (401) and possible                       respective electronic Field Office
                                                stream channel and floodplain down to                   Migratory Bird Take Permit; (2)                        Technical Guide (FOTG). As identified
                                                a depth of approximately 5 feet. Each                   discharge permit from California Water                 in the National Food Security Act
                                                excavation would be 200 to 300 feet                     Quality Control Board; (3) stream                      Manual these revised methods may be
                                                long with the total volume of excavated                 alteration permit (404) from the Army                  used for completion of wetland
                                                stream channel estimated to be 4,000–                                                                          determinations. Section 343 of the
                                                                                                        Corp of Engineers; and (4) reclamation
                                                5,000 cubic yards. Design criteria set                                                                         Federal Agriculture Improvement and
                                                                                                        permit from the California Department
                                                forth in the California Storm Water Best                                                                       Reform Act of 1996 requires NRCS to
                                                                                                        of Mines.                                              make available for public review and
                                                Management Practices handbook and be
                                                approved by a Qualified Storm Water                     Scoping Process                                        comment all proposed revisions to
                                                Pollution Prevention Plan Designer                                                                             methods and procedures used to carry
                                                would be implemented as part of the                       This notice of intent initiates the                  out the Highly Erodible Land and
                                                project.                                                scoping process, which guides the                      wetland compliance provisions of the
                                                   Other activities associated with the                 development of the environmental                       1985 Food Security Act (as amended).
                                                mining operation include setting up a                   impact statement. It is important that                 DATES:
                                                camp, adjacent to the West Fork                         reviewers provide their comments at                      Effective Date: This is effective June
                                                Chiquito Creek and moving in a small                    such times and in such manner that                     22, 2017.
                                                storage container to store equipment                    they are useful to the agency’s                          Comment Date: Submit comments on
                                                and supplies. Shallow samples of soil                   preparation of the environmental impact                or before June 22, 2017.
                                                would be collected throughout the 120                   statement. Therefore, comments should                    Final versions of these revised State
                                                acres of the Try Me Claims. Samples                     be provided prior to the close of the                  Offsite Methods will be adopted after
                                                would be taken in a grid pattern for                    comment period and should clearly                      the close of the 30-day period and after
                                                assay and geochemical assessment of                     articulate the reviewer’s concerns and                 consideration of all comments.
                                                the area.                                               contentions.                                           ADDRESSES: You may submit comments,
                                                   All lands disturbed by this proposal                                                                        identified by Docket Number NRCS–
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Cynthia D. West,
                                                would be reclaimed and restored to a                                                                           2016–0012, using any of the following
                                                condition that is consistent with the                   Acting Associate Deputy Chief, National                methods:
                                                Sierra National Forest Land                             Forest System.                                           • Federal eRulemaking Portal: http://
                                                Management Plan, as amended, USFS                       [FR Doc. 2017–13036 Filed 6–21–17; 8:45 am]            www.regulations.gov. Follow the
                                                Region 5 and national USFS native                       BILLING CODE 3411–15–P                                 instructions for submitting comments.
                                                plant policy as well as applicable State                                                                         • Mail or hand-delivery: Public
                                                air and water quality requirements.                                                                            Comments Processing, Attention:


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                                                28470                         Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices

                                                Regulatory and Agency Policy Team,                      wetlands do not exist in either                        those image years can be excluded from
                                                Strategic Planning and Accountability,                  Minnesota or Iowa. NRCS is seeking                     the imagery review.
                                                Natural Resources Conservation Service,                 comments on the revisions to these                       • Defines the term ‘‘all available’’
                                                5601 Sunnyside Avenue, Building 1–                      documents. Each document’s revisions                   when used with aerial images or
                                                1112D, Beltsville, Maryland 20705.                      (deletions, additions, and strike-                     photography.
                                                   • Email: Verna.Howell@                               throughs) can be viewed in a ‘‘track
                                                                                                                                                               2.4.3 Wetland Hydrology (With Pre-
                                                wdc.usda.gov. Include Docket Number                     changes’’ format. Requests for paper
                                                                                                                                                               1985 Drainage)
                                                NRCS–2016–0012 or ‘‘comment on                          versions or inquiries may be directed to
                                                proposed revisions to Section I’’ in the                Paul Flynn, Wetland Project Manager,                     • Explains how the agency expert
                                                subject line of the email message.                      U.S. Department of Agriculture, Natural                determines the best drainage condition
                                                   NRCS will post all comments on                       Resources Conservation Service, 375                    of the sampling unit.
                                                http://www.regulations.gov. In general,                 Jackson Street, Suite 600, St. Paul,                     • Explains how, after determining the
                                                personal information provided with                      Minnesota 55101.                                       best drained condition, the agency
                                                comments will be posted. If your                        SUPPLEMENTARY INFORMATION: To fully
                                                                                                                                                               expert uses aerial imagery to determine
                                                comment includes your address, phone                    understand the proposed revisions,                     when wetland hydrology is positive or
                                                number, email, or other personal                        individuals are encouraged to compare                  negative.
                                                identifying information, your                           these changes with each State’s current                3.1 Verification of Pre–1985 Cropping
                                                comments, including personal                            version as shown on each State’s Web                   History
                                                information, may be available to the                    site. To aid in this comparison,
                                                public. You may ask in your comment                                                                              • Allows verification based on person
                                                                                                        following are highlights of the proposed
                                                that your personal identifying                                                                                 provided records that document
                                                                                                        revisions to each State’s SOSM by
                                                information be withheld from public                                                                            cropping history.
                                                                                                        section:
                                                view, but this cannot be guaranteed.                                                                           3.2 Verification of Pre–December 23,
                                                FOR FURTHER INFORMATION CONTACT: The
                                                                                                        2.1    Develop a Base Map
                                                                                                                                                               1985, Manipulation(s)
                                                appropriate NRCS State Conservationist                    • Clarifies that sampling unit                         • Adds additional references that can
                                                as listed below;                                        boundaries as viewed on aerial imagery                 be used to make this determination.
                                                Kurt Simon, State Conservationist,                      can be adjusted using other references
                                                   Natural Resources Conservation                       including Light Detection and Ranging                  3.3 Verification of Post–1985 Potential
                                                   Service, 210 Walnut Street, Room 693,                data.                                                  Conversion
                                                   Des Moines, Iowa 50309–2180, (515)                     • Reinforces that for sites without                    • Provides that verification will
                                                   284–4769, Kurt.simon@ia.usda.gov,                    pre-1985 manipulation sampling units                   include review of the most recent year
                                                   NRCS Iowa Web site: http://                          can be identified using references other               of aerial photography available.
                                                   www.nrcs.usda.gov/wps/portal/nrcs/                   than aerial imagery.
                                                   site/ia/home/.                                         • Provides clarification that all                    3.5.1 Verification of Presence of
                                                Mary Podoll, State Conservationist,                     sampling units recorded on the Base                    Woody Vegetation as of December 23,
                                                   Natural Resources Conservation                       Map reflect consideration of Normal                    1985
                                                   Service, 220 E. Rosser Ave., Room                    Environmental Conditions and sites                       • Adds this verification as an
                                                   278, Bismarck, North Dakota 58502–                   with pre-1985 drainage also accurately                 independent determination.
                                                   1458, (701) 530–2003, Mary.podoll@                   reflect the condition of the drainage.
                                                   nd.usda.gov, NRCS North Dakota Web                     • Provides direction that drainage                   3.6 Determination of the Required
                                                   site http://www.nrcs.usda.gov/wps/                   manipulations and their approximate                    Conditions for the Following WC Labels
                                                   portal/nrcs/site/nd/home/.                           year of installation will be identified on               • Deletes this entire Section
                                                Cathee Pullman, State Conservationist,                  the base map or another reference.                     including Table 1. Guidance in the
                                                   Natural Resources Conservation                                                                              National Food Security Act Manual will
                                                                                                        2.2.1 and 2.3.1       Hydrophytic
                                                   Service, 375 Jackson Street, Suite 600,                                                                     be followed to apply USDA wetland
                                                                                                        Vegetation
                                                   St. Paul, Minnesota 55101–1854, (651)                                                                       labels.
                                                   602–7854, Cathee.pullman@                              • Clarifies how the Official Soil                      Dated: May 22, 2017.
                                                   mn.usda.gov, NRCS Minnesota Web                      Description (OSD) section titled ‘‘Use
                                                                                                                                                               Kevin Wickey
                                                   site: http://www.nrcs.usda.gov/wps/                  and Vegetation’’ can be used in
                                                                                                                                                               Regional Conservationist, Central Region,
                                                   portal/nrcs/site/mn/home/.                           verifying hydrophytic vegetation.
                                                                                                                                                               Natural Resources Conservation Service.
                                                Jeff Zimprich, State Conservationist,
                                                                                                        2.2.3, 2.3.3, and 2.4.2        Wetland                 [FR Doc. 2017–13061 Filed 6–21–17; 8:45 am]
                                                   Natural Resources Conservation
                                                                                                        Hydrology                                              BILLING CODE 3410–16–P
                                                   Service, Federal Building, Room 203,
                                                   200 Fourth Street SW., Huron, South                     • Clarifies that wetland hydrology for
                                                   Dakota 57350–2475, (605) 352–1200,                   sites without pre-1985 drainage is
                                                   Jeff.zimprich@sd.usda.gov, NRCS                      determined to be present when wetness                  COMMISSION ON CIVIL RIGHTS
                                                   South Dakota Web site: http://                       signatures are found on 50 percent or
                                                                                                        more of imagery reviewed.                              Notice of Public Meeting of the
                                                   www.nrcs.usda.gov/wps/portal/nrcs/
                                                                                                           • Explains that the wetland                         Minnesota Advisory Committee To
                                                   site/sd/home/.
                                                                                                        hydrology review for sites without pre-                Review and Discuss a Draft Report
                                                   Electronic copies of the proposed
                                                                                                        1985 drainage consists of all available                Regarding Civil Rights and Policing
                                                revised SOSMs are available in the
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        normal years starting with the 2014                    Practices in Minnesota
                                                docket information section of this
                                                notice. There are separate SOSM                         image year and going back to 1980.                     AGENCY: U.S. Commission on Civil
                                                documents for each state. In general, all                  • Clarifies how wetness signatures are              Rights.
                                                documents have similar language with                    defined and annotated on the data sheet.               ACTION: Announcement of meeting.
                                                the exception that the South Dakota and                    • Allows that when a normal year
                                                North Dakota SOSM contains                              image is of poor quality such that                     SUMMARY:  Notice is hereby given,
                                                procedures for playa wetlands. Playa                    wetness signatures are not discernable,                pursuant to the provisions of the rules


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Document Created: 2017-06-21 23:55:35
Document Modified: 2017-06-21 23:55:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability of proposed revisions to Section I of the Iowa, Minnesota, North Dakota, and South Dakota State Technical Guides for public review and comment.
DatesEffective Date: This is effective June 22, 2017.
ContactThe appropriate NRCS State Conservationist as listed below;
FR Citation82 FR 28469 

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