127.11 Farmland Conversion

Forms

Form AD-1006

Form SCS-CPA-106

127.11.1 Introduction

127.11.1.1 Overview

The FPPA mandates that federal agencies consider the impact of their activities on farmland. The NRCS has published a rule for implementing this act. The FPPA applies to all federal projects (i.e., projects that are paid for with federal funding), which take any right of way or permanent easement, including those classified as Categorical Exclusions (CE’s) under terms of the National Environmental Policy Act (NEPA). The FPPA requires FHWA and MoDOT to evaluate every project and determine whether it could have a negative impact on farmland. Both the relative value of the soils present on the site and the impact that the project will have on the area relative to agricultural use are considered for that determination.

127.11.1.2 Laws, Regulations and Guidance

• The Farmland Protection Policy Act (7 U.S.C. 658) of 1981 has as its purpose “to minimize the extent to which Federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, unit of local government, and private programs and policies to protect farmland.”

• FPPA (7 CFR 658) as amended at 59 Federal Register 31117 (June 17, 1994).

• National Environmental Policy Act (NEPA) of 1969

• Implementing the Final Rule of the Farmland Protection Policy Act for Highway Projects, FHWA (May 1989). Explains how to complete farmland impact analysis in National Environmental Policy Act (NEPA) documents (or for projects that do not require a NEPA document) to gain FHWA approval.

• Supplemental guidance for Implementation of Farmland Protection Policy Act, FHWA Memorandum to Regions (January 23, 1985). Identifies two additional areas where FHWA guidance is necessary.

127.11.1.3 Process

Acting for FHWA, the MoDOT environmental specialist, in conjunction with NRCS, completes either a Form AD-1006 (for sites) or a Form SCS-CPA-106 (for corridors) to evaluate farmland impact for every project that requires any right of way or permanent easement. For projects that require an Environmental Assessment (EA) or an Environmental Impact Statement (EIS), the Draft EA or Draft EIS must include a copy of the completed form. For projects classified as a Categorical Exclusion (CE), a copy of the completed form is retained in the environmental files to document the coordination with NRCS.

The FPPA considers land that is within city limits to be “committed to other uses” and such land needs no further evaluation. Regardless of location, however, the district must still submit the proposed project to the design division’s environmental section for review by means of a Request for Environmental Services (RES).

The environmental specialist completes Parts I and III of the Farmland Conversion Impact Rating form, using the materials the district provides. The total new right-of-way and easement acreages are essential. Once these sections are completed, the environmental specialist sends the form, along with the necessary supporting documentation such as maps, to the appropriate NRCS contact (NRCS divides the state into five regions). The NRCS contact then completes Parts II, IV, and V of the form using soil survey data and returns it to MoDOT.

If the NRCS representative finds that there is no farmland impact, the environmental specialist notes that in a memo to the district and no further action is required. If the NRCS representative finds that there is an impact to prime and unique farmland, or farmland of statewide or local importance, then the environmental specialist completes Part VI, adding its point total to that of Part IV to achieve a cumulative point total for Part VII. If the cumulative point total does not exceed the 160-point threshold established for farmland protection, that is noted in the appropriate memo and no further action is necessary.

For the five to ten percent of ratings with a point total that exceeds 160 (occurs more commonly in the northern half of Missouri), the environmental specialist will note measures or alternatives that would reduce or avoid impacts. If the preferred alternative exceeds the threshold, the environmental specialist will discuss reasons why this alternative is preferred over others that would affect less farmland. The environmental specialist records the recommended site or alternate at the bottom of Part VII with justification for the selection.

127.11.2 Project Development Milestones

127.11.2.1 Initial Screening Stage

At the initial project screening stage, if maps and right-of-way/easement information are available, the MoDOT environmental specialist prepares a farmland impact rating for the project. Details of the rating process have previously been described in this article (see 127.11.1.3 Process).

The district initiates this process by submitting an RES to the design division; usually no additional information will be required from the district. Findings pertinent to the project will be relayed to the district in the RES response and are also documented in a memo to file.

127.11.2.2 Location/Conceptual Plan Stage

At the location/conceptual plan stage, if farmland impact has not yet been evaluated and total, new right-of-way and easement acreages are available, the environmental specialist prepares a farmland impact rating (detailed in 127.11.1.3 Process) for the project. The environmental specialist will provide the district with any findings pertinent to the project in the RES response, memoranda to file, or through core team participation.

The district initiates this process by submitting an RES to the design division or for projects that require an Environmental Assessment (EA) or an Environmental Impact Statement (EIS), the environmental specialist and the district will coordinate on when to begin this process. The district may be required to submit additional information about the project at this stage.

127.11.2.3 Preliminary Plans Stage

At the preliminary plans stage, if farmland impact has not yet been evaluated, the environmental specialist prepares a farmland impact rating (detailed in 127.11.1.3 Process) for the project. The environmental specialist will provide the district with any new project-related findings via the RES response and will discuss appropriate actions with the project manager.

The district initiates this process by submitting an RES to the design division.

127.11.2.4 Right of Way Plan Stage

At the right-of-way plan stage, if farmland impact has not yet been evaluated, the environmental specialist prepares a farmland impact rating (detailed in 127.11.1.3 Process) for the project. The environmental specialist will relay any new project-related findings to the district in the RES response and will discuss appropriate actions with the project manager.

The district initiates this process by submitting an RES to the design division.

127.11.2.5 Final Design Stage

At final design stage, if farmland impact has not yet been evaluated, the environmental specialist prepares a farmland impact rating (detailed in 127.11.1.3 Process) for the project. The environmental specialist will relay any new project-related findings to the district in the RES response and will discuss appropriate actions with the project manager.

The district initiates this process by submitting an RES to the design division.

127.11.2.6 Letting

Letting cannot occur until the farmland impact evaluation is completed. At this stage, if farmland impact has not yet been evaluated, the environmental specialist will prepare a farmland impact rating (detailed in 127.11.1.3 Process) for the project. The environmental specialist will communicate the results of the farmland impact rating to the district once they are known.

The district initiates this process by submitting an RES to the design division.