Fin ding of No Significant Impact & Final Environmental Assessment United States Department of Agriculture Fo r the Blackstone River Fish Passage Restoration Project Natural Resources Blackstone River, Rhode Island Conservation Service November 2008 ~NRCS FONSI, Page 1 of 4 Natural Resources Conservation Service October 2008 Finding of No Significant Impact for the Environmental Assessment (EA) on The Blackstone River Fish Passage Restoration Project I. AGENCY ROLE AND RESPONSIBILITY- United States Department of Agriculture (USDA) -Natural Resources Conservation Service (NRCS) In accordance with the NRCS regulations (7 Code of Federal Regulations Part 650) implementing the National Environmental Policy Act (NEPA), NRCS has completed an environmental review of the following proposed action: The construction of Denil-style fish ladders and eel passages at the Main Street, Slater Mill, and Valley Falls Dams. The removal of the Elizabeth Webbing Dam was also considered in the analysis as a part of the proposed action. Although NRCS does not have any formal federal decision-making authority in the form of a long term agreement to undertake activities to restore aquatic passage at the Elizabeth Webbing Dam, it has been included within the scope of the EA because of its integral relationship to the three funded fish passage projects. Further dam removal feasibility analyses will be required for the removal or breaching of Elizabeth Webbing Dam. As no federal action by NRCS is proposed for the Elizabeth Webbing Dam, this feasibility study is beyond the scope of this EA. NRCS anticipates that any adverse effects, as documented by future feasibility studies, will be evaluated and appropriate mitigation measures employed by future project proponents of this site. II. ALTERNATIVES CONSIDERED IN THE EA Two alternatives were analyzed in the EA and are characterized as follows: Alternative 1 (Proposed Action) - Construction of fish ladders at Main Street, Slater, Mill, Valley Falls Dams, and removal of Elizabeth Webbing Dam (as per discussion in Section I) Alternative 2 (No Action) - Diadromous fish passage projects will not be implemented IV. NRCS DECISION Based on the evaluation in the EA, I have chosen to select Alternative 1 as the Agency Preferred Alternative. I have taken into consideration all of the potential impacts of the proposed action, which have been evaluated in this EA, and balanced those impacts with considerations of the Agency's purpose and need for action. Blackstone River Fish Passage Restoration Project Environmental Assessment Blackstone River, Rhode Island ~NRCS FONSI, Page 2 of 4 Natural Resources Conservation Service October 2008 VI. FINDING OF NO SIGNIFICANT IMPACT To detennine the significance of the action analyzed in this EA, NRCS is required by NEPA, 40 CFR 1508.27 and NRCS regulations to consider the context and intensity of the proposed action. Based on a review ofNEPA criteria for significant effects and the analysis in the EA, I have detennined that the action to be selected, Alternative 1 (Agency Preferred Alternative), would not have a significant effect upon the quality of the human environment, particularly when focusing on the significant adverse impacts which NEP A is intended to help decision makers avoid, minimize, or mitigate. Therefore, preparation of an Environmental Impact Statement (EIS) on the final action is not required under Section 102(2)(c) ofNEPA, CEQ implementing regulations (40 CFR Part 1500-1508, 1508.13), or NRCS environmental review procedures (7 CFR Part 650). This Finding is based on the following factors (described in CEQ's implementing regulations at 1508.27 and NRCS regulations at 7 CFR 650.4(k)): 1) The EA evaluated both beneficial and adverse impacts of the proposed action. There are no significant adverse effects associated with Alternative 1 either directly, indirectly, or cumulatively from implementation of ofthe agency preferred alternative. The NRCS engineering design and project pennitting processes will be used to identify appropriate actions necessary to minimize any potential adverse effects as required by NRCS regulations and policy (General Manual Title 190 Part 410) (see Section 4.3 of attached EA). 2) Alternative 1 does not significantly affect public health or safety as discussed in applicable sections of this EA. 3) There are no anticipated significant effects to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas from selection of Alternative 1. NRCS regulations and policy (NRCS General Manual Title 420 Part 401 and General Manual Title 190 Part 410), require that NRCS identify, assess, and avoid effects to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. In accordance with these requirements it is not anticipated that implementing the proposed action would have adverse effects on these resources (see Section 4 of the attached EA). 4) The effects on the human environment are not considered controversial for Alternative 1. This is discussed in Section 4 of the attached EA. 5) Alternative 1 is not considered highly uncertain and does not involve unique or unknown risks. To the extent that effects related to implementation of the proposed action may result in significant effects to the quality of the human environment; NRCS, through the federal and state regulatory pennitting process, will implement any additional measures as required by law. Blackstone River Fish Passage Restoration Project Environmental Assessment Blackstone River, Rhode Island ~NRCS FONSI, Page 3 of 4 Natural Resources Conservation Service October 2008 6) Alternative 1 will not establish a precedent for future actions with significant effects, nor does it represent a decision in principle about future considerations. The proposed action will be carried out through implementation of three individual Wildlife Habitat Incentive Program long term agreements. 7) Alternative 1 will not result in individually or cumulatively significant adverse impacts to the human environment, particularly when focusing on the significant adverse impacts which NEP A is intended to help decision makers avoid, minimize, or mitigate. NRCS will document direct, indirect and cumulative actions during site-specific environmental evaluations and will identifY and incorporate appropriate actions necessary to minimize potential adverse effects. Cumulative impacts resulting from Alternative 1 are anticipated to be beneficial overall (see section 4 in the attached EA). 8) The proposed action will not cause loss or destruction of significant scientific, cultural, or historical resources. NRCS follows the procedures developed in accordance with a Nationwide programmatic agreement between NRCS, the Advisory Council on Historic Preservation, and the National Conference of State Historic Preservation Officers, which called for NRCS to develop consultation agreements with State Historic Preservation Officers and Federally-recognized Tribes (or their designated Tribal Historic Preservation Officers). Furthermore, Rhode Island NRCS maintains a State Level Agreement between USDA NRCS Rhode Island State Office and the Rhode Island State Historic Preservation Officer (RI SHPO) (dated February 2008). As per this agreement, NRCS has consultated with RI SHPO to ensure compliance with Secion 106 requirements. Rhode Island NRCS also maintains a state level agreement with the Narragansett Indian Tribal Historic Preservation Office and is in direct consultation with the Tribe on this proposed action (see attached EA). 9) The proposed action will not adversely affect endangered or threatened species, marine mammals or critical habitat. NRCS has consulted with the United States Fish and Wildlife Service, and the National Marine Fisheries Service to insure these species are not jeopardized and that there are no adverse modifications to designated critical habitat (see section 4.8 of the attached EA). The proposed action will have overall positive benefits to National Marine Fisheries Service Species of Concern: American Shad, alewife, and blueback herring. 10) The proposed action does not violate Federal, State, local law, or requirements imposed for protection of the environment. The major laws identified include the Clean Water Act, Clean Air Act, Magnuson-Stevens Fishery Conservation and Management Act, the Endangered Species Act, National Historic Preservation Act, the Marine Mammal Protection Act, the Executive Order on Environmental Justice, and the Migratory Bird Treaty Act. Alternative 1 is consistent with the Blackstone River Fish Passage Restoration Project Environmental Assessment Blackstone River, Rhode Island ~NRCS FONSI, Page 4 of 4 Natural Resources Conservation Service October 2008 requirements of these laws. In addition, NRCS will work applicable regulatory as necessary on a site-specific basis to avoid, mitigate or reduce any potential collateral adverse effects (see section 4 of the attached EA) .. Therefore, based on the information presented in the attached Blackstone River Fish Passage Restoration Project EA, I find in accordance with 40 CFR Part 1508.13 that the selection of the Agency Preferred Alternative (Alternative 1) is not a Major Federal action significantly affecting the quality of the human environment that would require preparation of an EIS. Date Rhode Island State Conservationist, Natural Resources Conservation Service U.S. Department of Agriculture Blackstone