Environmental and Historical Considerations Informational Guide

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1 Environmental and Historical Considerations Informational Guide for the Hazard Mitigation Grant Program Flood Mitigation Assistance Program and Project Impact Initiatives Florida Department of Community Affairs Division of Emergency Management Bureau of Recovery and Mitigation

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3 TABLE OF CONTENTS INTRODUCTION...1 FEDERAL ENVIRONMENTAL LAWS...1 National Environmental Policy Act...1 Farmland Protection Policy Act...3 Endangered Species Act...4 Fish and Wildlife Coordination Act...5 Wilderness Act...5 National Historic Preservation Act...6 Archaeological and Historic Preservation Act...6 Clean Water Act...7 Rivers and Harbors Act...7 Wild and Scenic Rivers Act...8 Clean Air Act...9 Coastal Zone Management Act...9 Coastal Barrier Resources Act...10 Executive Order Floodplain Management...10 Executive Order Wetlands Protection...11 Executive Order Environmental Justice...12 FLORIDA STATE CLEARINGHOUSE...12 Limited Distribution...13 Full Distribution...14 ENVIRONMENTAL REVIEW ROLES AND RESPONSIBILITIES...14 Applicant s Role...14 Florida Department of Community Affair s Role...15 Federal Emergency Management Agency s Role...15 ENVIRONMENTAL REVIEW BY PROJECT TYPE...15 Retrofits to Existing Buildings...18 Acquisition/Elevation with Demolition...18 Drainage Improvements...19 REFERENCES...22 APPENDIX A...23 APPENDIX B...30 APPENDIX C...31

4 INTRODUCTION The Hazard Mitigation Programs Environmental and Historical Considerations Informational Guide was prepared to provide an overview of the program s environmental review process and briefly detail the laws which may apply to projects. A brief outline of the federal environmental laws is included. The State Clearinghouse review process is discussed. Roles and responsibilities of the applicant, State, and Federal Emergency Management Agency are detailed. Finally, the specific information and agency review requirements are outlined by the main categories of projects which are submitted. Because the hazard mitigation programs (i.e. HMGP, FMA and Project Impact, FMA, Project Impact) are federally funded programs, all projects are required to undergo environmental review as part of the grant application process. Moreover, projects must be in compliance with the environmental laws which apply to them to obtain funding. Failure to complete the proper environmental review could result in delays or jeopardize the funding request. If the project is implemented before grant approval, there is no guarantee the grant will be awarded. FEDERAL ENVIRONMENTAL LAWS The following section will provide an overview of the federal environmental laws which may apply to hazard mitigation projects. The National Environmental Policy Act applies to all HMGP, FMA and Project Impact, FMA, and Project Impact projects. Whether the other laws apply depends on the type of project, its location, and potential resources it could impact. Drainage improvement projects generally have the greatest potential to trigger review under many of these laws. National Environmental Policy Act Intent: The National Environmental Policy Act (NEPA) was passed by Congress in NEPA established a national policy for protection and maintenance of the environment by mandating federal agencies to follow a formal environmental review process before making a decision to implement their actions. NEPA is intended to have federal agencies make better quality decisions. Responsible Agency: Federal Emergency Management Agency Law Requirements: All federally assisted projects must be evaluated in accordance with NEPA. The specific review requirements and level of review will depend on a number of variables including the type of project, its location, potential for resource impacts, and public opinion. The NEPA review process generally consists of identifying the purpose and need of the proposal, the resources which -2-

5 could potentially be impacted, reasonable alternatives (including no action), impacts of the proposal and its alternatives, and preparation of a decision document. There are four levels of review under NEPA, including Statutory Exclusion, Categorical Exclusion, Environmental Assessment, and Environmental Impact Statement. The latter three are an actual document prepared by the federal agency. Statutory Exclusions Statutory Exclusions are actions which are excluded from review under NEPA. Each federal agency is responsible for identifying such actions. FEMA has listed these exclusions in 44 C.F.R. Part 10.8 (c). They generally include actions which were taken in an emergency situation (as defined by FEMA). Hazard mitigation projects typically do not qualify as statutory exclusions. Categorical Exclusions The next level of review is the Categorical Exclusion. Each federal agency in its NEPA implementing regulations is responsible for defining act ions it undertakes which could qualify as a Categorical Exclusion from preparing an Environmental Assessment. These are actions, which the agency through its experience, has determined will not usually result in significant impacts on the environment. The Federal Emergency Management Agency currently has sixteen Categorical Exclusions (defined in 44 C.F.R. Part 10 (d)). These categories cover most HMGP, FMA and Project Impact projects including acquisitions, existing building retrofits, and most drainage improvement projects; so long as extraordinary circumstances do not exist. A project qualifying as a Catex under NEPA is not categorically excluded from review in accordance with the other environmental laws which may apply to the project. Extraordinary Circumstances If extraordinary circumstances are associated with a project which would normally qualify as a Categorical Exclusion, an Environmental Assessment must be prepared. FEMA has identified 10 types of extraordinary circumstances (defined in 44 C.F.R. Part 10 (d)(3)). These include circumstances whereby the project would result in adverse effects to resources such as threatened or endangered species, or significant historic properties. If a project is controversial, this also is considered an extraordinary circumstance. Extraordinary circumstances can be obviated through the results of regulatory agency project review or public noticing. Environmental Assessments Projects which do not qualify as a Categorical Exclusion or do normally qualify as a Categorical Exclusion but Extraordinary Circumstances exist will require preparation of an Environmental Assessment. This consists of a concise public disclosure document, which contains sufficient analysis to determine if significant impacts will result from implementation of the proposed action or its alternatives. The EA is employed as a decision-making tool to support further agency action or in-action. The EA is required to include discussion on the -3-

6 action s purpose and need, a description of the alternatives, a description of the affected environment, and a listing of the environmental consequences of the action and its alternatives. Part of the EA preparation process includes resource agency consultations and public involvement. There are two possible outcomes once the EA has been completed, either a Finding of No Significant Impact (FONSI) can be prepared or a Notice of Intent to Prepare an Environmental Impact Statement. Most HMGP, FMA and Project Impact projects requiring an EA do result in a FONSI. The FONSI will outline the EA findings as well as list the conditions for implementing the project. Environmental Impact Statements Projects requiring an Environmental Impact Statement are rare in HMGP, FMA and Project Impact. This document is similar to the EA but consists of a more rigorous and detailed analysis of all the impacts of the action and its alternatives. Once the EIS has been completed the federal agency must prepare a Record of Decision, which will detail the course of actions. NEPA and Multi-Component Projects: Some projects proposed under HMGP, FMA and Project Impact for funding are actually a component of a larger project to be funded through other sources. These projects must be evaluated to determine if the proposed HMGP, FMA and Project Impact component depends on other project components. NEPA review will need to be completed for the whole project and not just one of its components if the actions are related. NEPA requires that the sum of related components making up a larger action be evaluated in one document. Actions must be assessed in the context of the whole project. Farmland Protection Policy Act Intent: The Farmland Protection Policy Act (7 U.S.C. 4201) (FPPA) seeks to minimize the unnecessary and irreversible conversion of farmland to non-agricultural uses as a result of federal actions. Regulatory Agency: (See Appendix A for address) US Department of Agriculture, Natural Resources Conservation Service Law Requirements: FPPA requires federal agencies to evaluate the direct or indirect adverse affects of their actions on prime and unique farmland, or other farmlands of statewide and local importance. Alternat ive actions which would avoid adverse effects are also to be considered. Concurrence is achieved through obtaining a determination as to project effects from the responsible agency. Types of HMGP, FMA and Project Impact Projects Law will Apply to: Projects located outside town or city corporate limits, generally including drainage improvements or new construction Endangered Species Act -4-

7 Intent: The Endangered Species Act (16 U.S.C et seq.) (ESA) prohibits taking of endangered species of fish or wildlife. Also, the ESA mandates federal agencies through their actions to protect and conserve endangered and threatened species, including plants. Taking means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in such conduct. Regulatory Agencies: (See Appendix A for addresses) U.S. Department of Interior, Fish and Wildlife Service U.S. Department of Commerce, National Marine Fisheries Service Florida Game and Freshwater Fish Commission Law Requirements: The ESA requires federal agencies to consider the effects of their actions to threatened and endangered species or their designated critical habitat. Section 7 of the ESA consists of provisions for a formal project consultation. Concurrence can be obtained by requesting a determination as to project effects from the responsible agency. Although the Fish and Wildlife Service administers the ESA, some responsibility is delegated to the states. Types of HMGP, FMA and Project Impact Projects Law will Apply to: Drainage improvement projects Some new construction projects Fish and Wildlife Coordination Act Intent: The Fish and Wildlife Coordination Act (16 U.S.C. 661 et esq.) is intended to protect fish and wildlife in federally assisted projects which may result in control or modification of natural surface water systems. Regulatory Agencies : (See Appendix A for addresses) U.S. Department of Interior, Fish and Wildlife Service U.S. Department of Commerce, National Marine Fisheries Service Law Requirements: The Act mandates federal agencies to determine if their proposed action will result in alteration of a body of water and consider the effects of that action to fish and wildlife resources. Consultation with the responsible regulatory agency is required. Where practicable, impact mitigation measures are to be incorporated into project design. HMGP, FMA and Project Impact Projects which may be Affected by this Law: Drainage improvements -5-

8 Wilderness Act Intent: The Wilderness Act (16 U.S.C et seq.) established a system of National Wilderness Areas and a policy for prot ecting and managing designated areas. Certain activities are prohibited in these areas. Regulatory Agencies: (See Appendix A for addresses) U.S. Department of Interior, Fish and Wildlife Service U.S. Department of Interior, Bureau of Land Management U.S. Department of Interior, National Park Service U.S. Department of Agriculture, U.S. Forest Service Law Requirements: The Wilderness Act requires federal agencies to determine if their proposed actions will affect designated wilderness areas and consult with applicable regulatory agencies if necessary. Regulatory agencies can help to determine if proposed actions will adversely affect or are prohibited in wilderness areas. Federal agencies may not proceed with an action affecting or in a wilderness area unless they have agency approval or permitting. HMGP, FMA and Project Impact Projects which may be Affected by this Law: The potential for Florida HMGP, FMA and Project Impact projects being affected by this Act is minimal, as these are generally proposed in urban/developed locations. However, the following project types, specifically, could require review in accordance with the Act if they are located near or in a designated wilderness area. Drainage improvements New construction National Historic Preservation Act Intent: The National Historic Preservation Act (16 U.S.C. 470) is the cornerstone of the nation s historic preservation policy. It mandates federal agencies to integrate historic preservation into their activities which directly or indirectly involve land use decisions. Regulatory Agencies: (See Appendix A for addresses) Department of Interior, National Park Service President s Advisory Council on Historic Preservation Florida Department of State, State Historic Preservation Officer Law Requirements: Section 106 of the Act requires federal agencies to take into account the impact their project may have on historic properties. A historic property is one that is listed or eligible for -6-

9 listing in the National Register of Historic Places because it has significance at the national, state, or local level. It can consist of a building or district with historical significance or archaeological remains. Compliance is achieved through coordinating project review with the State Historic Preservation Officer and obtaining their concurrence. Types of HMGP, FMA and Project Impact Projects Law will Apply to: Existing building retrofits, where structures exceed 50 years in age Acquisition and demolitions/relocations New construction Drainage improvements Archaeological and Historic Preservation Act Intent: The Archaeological and Historic Preservation Act (16 U.S.C c) was enacted for the preservation of cultural resources. Regulatory Agencies: (See Appendix A for addresses) Department of Interior, National Park Service Florida Department of State, State Historic Preservation Officer Law Requirements: Section 4a of the Act requires federal agencies to notify the Secretary of Interior in the event of discovery of unanticipated archaeological remains during construction activities on a federal project. The significance of the remains will be ascertained and data recovery efforts initiated if necessary. Types of HMGP, FMA and Project Impact Projects Law will Apply to: Drainage improvements New construction Clean Water Act Law Requirements: Section 404 of the Clean Water Act requires that permits be issued for dredge and fill activities affecting waters of the United States, including wetlands. A Section 401 water quality certification may also be required for some projects. This responsibility has been delegated to the State. These types of projects also sometimes require authorization from the state to conduct activities in State submerged lands. Regulatory Agencies: (See Appendix A for addresses) Florida has a joint permit application which encompasses both federal and state permitting rules. The following agencies are involved. -7-

10 U.S. Army Corps of Engineers Florida Water Management Districts Florida Department of Environmental Protection Types of HMGP, FMA and Project Impact Projects Law will Apply to: Drainage improvements Rivers and Harbors Act Intent: The Rivers and Harbors Act (33 U.S.C. 403) is intended to prevent unauthorized obstruction or alteration of navigable waters of the United States. Law Requirements: Section 10 of the Act is the most frequently exercised authority. This section requires permitting of structures affecting navigable waters such as revetments, rip rap, or bulkheads. These types of projects also sometimes require authorization from the state to conduct activities in State submerged lands. Regulatory Agencies: (See Appendix A for addresses) Florida has a joint permit application process which involves the following agencies. U.S. Army Corps of Engineers Florida Department of Environmental Protection Types of HMGP, FMA and Project Impact Projects Law will Apply to: Erosion control measures Wild and Scenic Rivers Act Intent: The purpose of the Wild and Scenic Rivers Act (16 U.S.C. 271 et esq.) is to preserve the free flowing state of rivers, which are listed in or under study for inclusion in the National Wild and Scenic Rivers System. The rivers are listed in the system because of their outstanding scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values. Regulatory Agency: (See Appendix A for addresses) U.S. Department of Interior, Fish and Wildlife Service U.S. Department of Interior, Bureau of Land Management U.S. Department of Interior, National Park Service U.S. Department of Agriculture, U.S. Forest Service -8-

11 Law Requirements: Section 7 of the Act prohibits federal agencies from undertaking construction of water resource projects which could adversely affect the free flowing state of designated rivers. The Act does not prohibit federal assistance upstream or downstream of the designated area, so long as the project does not adversely impact the qualities for which the river was designated to the Wild and Scenic Rivers System. Federal agencies may not proceed with an action affecting a wild and scenic river unless t hey have agency approval. HMGP, FMA and Project Impact Projects which may be Affected by this Law: New construction Drainage improvements Clean Air Act Law Requirements: The Clean Air Act contains provisions in its National Emissions Standards for Hazardous Air Pollutants that apply to asbestos removal. For purposes of the HMGP, FMA and Project Impact, all publicly funded projects involving demolition activities are required to submit a formal notice to the state agency with jurisdiction (See Appendix B for notice form). Regulatory Agencies: (See Appendix A for addresses) U.S. Environmental Protection Agency Florida Department of Environmental Protection Types of HMGP, FMA and Project Impact Projects Law will Apply to: Acquisition/demolition Demolition/elevation Coastal Zone Management Act Intent: The Coastal Zone Management Act (16 U.S.C. Section 1451 et esq.) encourages management of coastal zones and provides assistance in maintaining these areas. Responsible Agency: (See Appendix A for addresses) U.S. Department of Commerce, National Oceanic and Atmospheric Administration Florida Department of Community Affairs, Coastal Zone Management Program Law Requirements: The Act requires federally supported actions to be consistent with state coastal -9-

12 zone management policies. Compliance is obtained through obtaining a consistency determination from the responsible state agency. Types of HMGP, FMA and Project Impact Projects Law will Apply to: Drainage improvements Erosion control measures New construction affecting coastal areas Coastal Barrier Resources Act Intent: The Coastal Barrier Resources Act (16 U.S.C et esq.) was passed to minimize the loss of human life and wasteful expenditure of federal revenues within the coastal barrier system; and to protect these ecologically sensitive areas, along the U.S. coastline. It established the Coastal Barrier Resources System. Federal assistance for development is prohibited to areas designated to the System. Section 5(a) of the Act lists activities which are specifically prohibited in the System, while Section 6 describes some exceptions to the prohibitions. Regulatory Agency: (See Appendix A for addresses) U.S. Department of Interior, Fish and Wildlife Service Law Requirements: The Act mandates federal agencies to consult with the regulatory agency prior to undertaking projects outlined in Section 6 and designated to the System. HMGP, FMA and Project Impact Projects which may be Affected by this Law: The exception listed in Section 6 for maintenance/repair/improvement, but not expansion, of public roads in the System is the only exception which could also be an eligible HMGP, FMA and Project Impact project. Road mitigation projects Drainage improvements related to roads Executive Order Floodplain Management Intent: The purpose of Executive Order is to help reduce the risk of flood losses; minimize the impact of flood losses on human safety, health, and welfare; and to preserve the natural and beneficial values of floodplains. Accordingly, federal agencies, through their actions, must avoid, where practicable, long and short term adverse impacts associated with the occupancy and modification of floodplains; and avoid direct and indirect support of floodplain development if practicable alternatives exist. -10-

13 Responsible Agency: Federal Emergency Management Agency Law Requirements: E.O mandates federal agencies to consider the effects of their projects on floodplains. FEMA has implemented an eight step planning process designed to ensure compliance with E.O (See 44 C.F.R. Part 9 for specific requirements). The eight step planning process is carried out by FEMA during project evaluation/review. This evaluation can incorporate determinations by regulatory agencies such as the U.S. Army Corps of Engineers, Florida Water Management Districts or Florida Department of Environmental Protection. Eight Step Planning Process Does action affect or is it in a wetland or floodplain Conduct notice of intent to carry out action in floodplain or wetland Identify practicable alternatives Identify range of potential direct and indirect impacts Minimize adverse impacts Reevaluate proposal in light of alternatives, impacts, and mitigation measures Make findings and explanation of decision available to public Action implementation Types of HMGP, FMA and Project Impact Projects Law will Apply to: Drainage improvement projects Acquisition projects with demolition or relocation New construction Executive Order Wetlands Protection Intent: The purpose of Executive Order is to minimize the destruction, loss or degradation of wetlands and preserve and enhance their natural and beneficial values. Thus, federal agencies are directed to consider alternatives and mitigation measures where wetlands would be impacted as a result of their actions. Responsible Agency: Federal Emergency Management Agency -11-

14 Law Requirements: E.O mandates federal agencies to consider the effects of their undertaking on wetlands. FEMA has the eight step planning process designed to ensure compliance with E.O (See 44 C.F.R. Part 9 for specific requirements). The eight step planning process is carried out by FEMA during project evaluation/review. This evaluation can incorporate determinations by regulatory agencies such as the U.S. Army Corps of Engineers, Florida Water Management Districts or Florida Department of Environmental Protection. This is the same process used for E.O , as outlined above. HMGP, FMA and Project Impact Projects which may be Affected by this Law: Drainage improvement projects New construction Executive Order Environmental Justice Intent: Executive Order directs federal agencies to the greatest extent practicable and permitted by law to achieve environmental justice through its actions. Responsible Agency: Federal Emergency Management Agency Law Requirements: E.O requires federal agencies to determine if their actions would result in disproportionately high and adverse human health or environmental effects to minority or low income populations. Where practicable, actions resulting in such adverse effects should be avoided or mitigated. HMGP, FMA and Project Impact Projects which may be Affected by this Law: Large scale acquisition projects with demolition or relocations Drainage improvements FLORIDA STATE CLEARINGHOUSE The State Clearinghouse (SCH) is the result of federal streamlining initiatives for state agency intergovernmental coordination and review of federally assisted projects. The Clearinghouse was created pursuant to Presidential Executive Order and Governor s Executive Order Presidential Executive Order enabled States to establish a review process for federally aided projects in their state and requires federal agencies to utilize the State s -12-

15 review process to determine official project comments of state and local agencies Governor s Executive Order established the State Clearinghouse as the single point of contact to coordinate intergovernmental project review Basically any project, which originates from a state agency, with federal assistance must be submitted to the Clearinghouse. Thus, all projects to be funded under HMGP, FMA and Project Impact are sent to the State Clearinghouse (SCH) for a project consistency determination by state agencies. HMGP, FMA and Project Impact staff coordinate this effort. State agencies receiving projects from the Clearinghouse review the project to make sure it is: consistent with state policies, plans, programs, objectives, and procedures consistent with state administered federal laws/programs fiscally and environmentally sound consistent with the Florida Coastal Zone Management Program it will not have any adverse effects on Florida s natural resources, wildlife, historical or archaeological sites and to provide information to agencies concerning proposed activities that may affect their respective programs The consistency determination rendered by State agencies does not satisfy permitting needs for a project. Accordingly, applicants must satisfy permitting requirements with the responsible agency independently of the Clearinghouse review coordinated by HMGP, FMA and Project Impact. In an effort to streamline HMGP, FMA and Project Impact project reviews, only projects that will have a potential effect on the environment are submitted to the Clearinghouse. However the projects that potentially will have no adverse effect on the environment are exempt from Clearinghouse review. Typical projects that most state agencies have concurred they do not need to review are the following types of projects: Retrofits to existing buildings Acquisition of existing structures and associated property Flood proofing of existing structures (depending on type of structure) Projects that may the potential impact on the environment are forwarded to the State Clearinghouse. The State Clearinghouse typically takes 60 days to review a project. The project is routed to about a dozen agencies depending on the type of project and its location. Agencies receiving the grant application include the following: Florida Department of Transportation Florida Department of Environmental Protection Florida Department of State, Div. Of Historical Resources Respective Water Management District -13-

16 Florida Department of Community Affairs, Area of Critical State Concern Program (if applicable) Respective Regional and or Local Planning Council Florida Game and Freshwater Fish Commission Governor s Office of Planning and Budgeting Florida Department of Agriculture and Consumer Affairs Florida Coastal Zone Management Program Most HMGP, FMA and Project Impact projects receive a consistent determination from State agencies. HMGP, FMA and Project Impact will follow up with applicants on comments provided by State agencies when necessary. ENVIRONMENTAL REVIEW ROLES AND RESPONSIBILITIES The following section will outline the role and responsibilities of the applicant, State, and Federal Emergency Management Agency in the environmental review process. Applicant s Role The HMGP, FMA and Project Impact applicant s role in the environmental review process is twofold. First, the applicant is responsible for providing adequate information in the grant application to begin environmental review of the project. Specific information requirements are outlined by project type in the next section. Second, the applicant is responsible for coordinating with regulatory agencies to gain project concurrence. This includes obtaining permits for applicable projects. Agency coordination requirements will be outlined below by project type. Florida Department of Community Affair s Role The State s role in the environmental review process has multiple components. The environmental review proceeds once the project has completed a program sufficiency review and benefit cost analysis. Review begins with ensuring the application package contains all the necessary information to evaluate the project for environmental considerations. In reviewing the application, the state will anticipate what level of review under NEPA the project will require. If an Environmental Assessment is suggested, FEMA is contacted to provide them with the opportunity for early involvement in project evaluation efforts. Next, the application is forwarded to the State Clearinghouse to undergo a limited or full review, whatever the case may be. If the project requires review with other agencies, the applicant is contacted to request that they proceed with this effort, unless they have already done so. Some projects will require a site visit, typically the drainage improvement projects. The State -14-

17 will arrange this with the applicant. Once all the agency reviews, including permits and the Clearinghouse s review, are received; the State will submit the application to FEMA for final approval and obligation of funds. Environmental review at the State s level will typically take 90 days, however if the project requires permits or more comprehensive agency consultation, this will lengthen review time. Federal Emergency Management Agency s Role Once FEMA receives the application from the State, it is responsible for ensuring the project is in fact in compliance with all the environmental laws which apply and granting final approval. First, the application package will be reviewed to ensure all necessary documentation, including agency concurrence are provided. Assuming all project information is available, FEMA will make a determination as to appropriate NEPA review level. Next, the NEPA document is prepared. If the project qualifies as a Categorical Exclusion, FEMA s review will take relatively little time. However, if an Environmental Assessment is required, FEMA s review will be more extensive and thus require a lot more time. Once the NEPA document is completed, the project can be approved and thus grant funding obligated. ENVIRONMENTAL REVIEW BY PROJECT TYPE The following will provide some specific guidance on what kinds of information and concurrence efforts are needed for the different project types in order to effectively complete the environmental review. Project categories to be discussed include retrofits to existing buildings, acquisition/elevation and demolition, and drainage improvements. Table 1 provides a quick reference guide. Discussion will focus on the typical categories of projects which are submitted under HMGP, FMA and Project Impact. If a project is proposed which doesn t seem to fit into these categories, it does not mean it is an ineligible project under HMGP, FMA and Project Impact, nor does this suggest it would be eligible. This document is mainly intended to provide guidance for most types of projects. Projects not fitting into the categories will have to be evaluated on a case by case basis. As previously noted, all HMGP, FMA and Project Impact project must be submitted to the State Clearinghouse for review. This will be coordinated by HMGP, FMA and Project Impact staff. Similarly, all HMGP, FMA and Project Impact projects will require review in accordance with NEPA, FEMA is responsible for preparing this documentation. The following details review requirements in addition to the Clearinghouse and FEMA s obligations. The applicant is generally responsible for coordinating these reviews. -15-

18 Likewise, there is basic information which is required for all projects types. This includes the following, which is requested in various parts of the HMGP, FMA and Project Impact application. Purpose and need of project detailed project description or scope of work alternatives project location (narrative) project area map (with the project site marked) photographs -16-

19 Table 1 HMGP, FMA and Project Impact ENVIRONMENTAL REVIEW Documentation and Concurrence Needs by Project Type Information and Documentation Project Types Proj. Area Maps Facility /Proj. Area Photos Bldg. Constr. Dates Eng. Plans Concurrence from FL Dept. of Env. Prot. Concurrence from Water Mgmt. Distr. Concurrence from Fish & Wildlife Serv. (USFWS) Concurrence from U.S. Army Corps of Engineers (USACE) Concurrence from U.S. Dept. of Agric. (NRCS) Concurrence From Natl. Marine Fish. Serv. (NMFS) Concurrence from State Hist. Pres. Ofcr. (SHPO) Public Notice Comm ents Retrofits to exist. facilities * Building Elevation Acquisitions with demolition Drainage Improvem ents New Construction * DEP district office demolition notice required for all projects where demolition is to be done ** DEP district office demolition notice required for all projects where demolition is to be done * ** *** **** **, ***, ****; Concurrence from agencies and need for public notice depends on project Key: * SHPO only needed if structure older than 50 yrs. or if work to be done outside existing building footprint; applicant or H MGP, FMA and Project Impact can obtain co ncurrence ** Notice only ne eded for some of these pr ojects ***NRCS only needed if project o utside city limits ****NM FS only needed for coastal projects Notes: 1. HMG P, FMA and Project Impact will forward all projects to the State Clearinghouse (SCH) for consistency determinations with State agencies. Most of the projects will undergo limited review. However, drainage improvement and new construction projects will be submitted to other agencies, through SCH, for review including the Department of Env. Protect., Water Mgmt. District, and Game and Fresh Water Fish Comm, Dept. of Transportation, etc. 2. Table contents applies to most projects (NEPA categorical exclusions), there will be exceptions, especially when a NEPA environmental assessment or environmental impact statement must be completed. 3. Consult with environm ental staff on project types not listed on this table.

20 Retrofits to Existing Buildings Retrofits to existing buildings includes projects such as shuttering, elevation, roof improvements, or floodproofing. Specific information needed for these projects, in addition to what is listed above, includes: street address year built photographs of the structure If some of this information is requested in various parts of the HMGP, FMA and Project Impact application, it is because it used for different purposes (not just for environmental review). The information only needs to be provided/narrated once. Agency Review: If the structure exceeds 50 years in age, a review will need to be coordinated with the State Historic Preservation Officer, in accordance with the National Historic Preservation Act. This review can be coordinated by the applicant or HMGP, FMA and Project Impact staff. If the structure in fact has historical significance and the project would result in adverse effects, the project scope may need to be amended such that improvements would not adversely effect the historic character of the building. Acquisition/Elevation with Demolition This category of projects includes acquisition of structures with associated land (as eligible under HMGP, FMA and Project Impact). Also, this category includes projects involving demolition of an existing structure with rebuild of an up to code elevated structure. Specific information needed for these projects, in addition to what is listed above, includes: street address year built photographs of the structure If some of this information is requested in various parts of the HMGP, FMA and Project Impact applicatio n, it is because it used for different purposes (not just for environmental review). The information only needs to be provided/narrated once. Agency Reviews: State Historic Preservation Officer If the structure to be acquired/elevated/relocated and demolished exceeds 50 years in age, a review will need to be coordinated with the State Historic Preservation officer, in accordance with the National Historic Preservation Act. This review can be coordinated by the applicant or HMGP, FMA and Project Impact staff. If the structure in fact has historical significance, the building may need to be relocated or at least recorded before demolition. -18-

21 Department of Environmental Protection All projects involving demolition must submit a formal notice to the Department at least 10 days prior to demolition and no earlier than 45 days before, in accordance with Clean Air Act asbestos regulations. The applicant is responsible for coordinating this. A licensed demolition contractor typically completes this form (see Appendix B for notice form). Public Notice Some acquisition demolition projects will require a formal public notice be conducted. These include those where many homes are being proposed in one development/ subdivision for removal. The notice is done to afford interested parties the opportunity to comment and to help determine if controversy exists about the project. HMGP, FMA and Project Impact staff will alert applicants when this is needed and provide guidance on completing the noticing (see Appendix C for sample notice format). Drainage Improvements This category includes various types of drainage projects such as new culverts or upgrades, ditch improvements, diversion ditches, detention/retention facilities, swales, water control structures, and outfalls. Specific information needed for these projects, in addition to what is listed above, includes: engineering plans/drawings/ schematics if possible, photographs of drainage system to be improved If some of this information is requested in various parts of the HMGP, FMA and Project Impact application, it is because it used for different purposes (not just for environmental review). The information only needs to be provided/narrated once. Agency Reviews: U.S. Army Corps of Engineers Concurrence must be obtained from the Corps for all drainage improvement projects. Some projects will not require permitting by this agency and documentation to that affect should be provided. Other projects will require permitting in accordance with the Clean Water Act, Section 404 or Rivers and Harbors Act, Section 10. A copy of these permits must be provided to HMGP, FMA and Project Impact in order to obtain approval for 100 % of the grant project. Review with the Corps can be done through the joint permitting process with Florida s water management districts and Department of Environmental Protection. Water Management District Concurrence must be obtained from the applicable water management for all drainage improvement projects. Some projects will not require permitting by this agency and documentation to that affect should be provided. This can sometimes be satisfied through the State Clearinghouse review process. Other projects will require stormwater management or -19-

22 wetland permitting. A copy of the permit must be provided to HMGP, FMA and Project Impact in order to obtain approval for 100 % of the grant project. Review with the district can be done through the joint permitting process with the Corps and Department of Environmental Protection. Department of Environmental Protection Concurrence must be obtained from the Department for all drainage improvement projects. Some projects will not require permitting by this agency and documentation to that affect should be provided. This can sometimes be satisfied through the State Clearinghouse review process. Other projects will require stormwater management permitting or authorization to perform activities on state submerged lands. A copy of the permit must be provided to HMGP, FMA and Project Impact in order to obtain approval for 100 % of the grant project. Review with the Department can be done through the joint permitting process with the Corps and water management districts. U.S. Fish and Wildlife Service All drainage improvement projects must be submitted to this agency to address possible impacts to threatened or endangered species or their habitat in the project area. This review would also incorporate consideration in accordance with some of the other environmental laws previously discussed, as they apply to the project. The basic Fish and Wildlife review typically takes 30 days, assuming the potential for impacts is minimal. Some projects will require further consultation if these resources may be affected by the project. Moreover, project impact mitigation measures may need to be incorporated into the project design or construction schedule. National Marine Fisheries Service Drainage improvement projects which affect coastal areas must be submitted to this agency to address possible impacts to threatened or endangered species or their habitat in the project area. This review would also incorporate consideration in accordance with some of the other environmental laws previously discussed, as they apply to the project. The basic Marine Fisheries review typically takes 30 days, assuming the potential for impacts is minimal. Some projects will require further consultation if these resources may be affected by the project. Moreover, project impact mitigation measures may need to be incorporated into the project design or construction schedule. U.S. Department of Agriculture, Natural Resources Conservation Service Projects located outside of incorporated areas with the potential to affect agricultural lands must be submitted to the Conservation Service for review. Their review takes approximately 30 days, assuming the project raises no concerns. Public Notice Some drainage improvement projects will require a formal public notice be conducted. These include projects which could impact a lot of people or result in adverse environmental affects. -20-

23 The notice is done to afford interested parties the opportunity to comment and to help determine if controversy exists about the project. Furthermore, notice is mandated for some of the environmental laws, such as Executive Orders and 11990; and projects requiring an Environmental Assessment under NEPA. HMGP, FMA and Project Impact staff will alert applicants when this is needed and provide guidance on completing the noticing (see Appendix C for sample notice format). -21-

24 REFERENCES Federal Emergency Management Agency 1996 National Environmental Policy Act FEMA NEPA Desk Reference United State Army Corps of Engineers, Jacksonville District 1998 Permitting and Regulatory Information, United States Environmental Protection Agency 1991 Cross-Cutting Environmental Laws: A Guide for Federal/State Project Officers

25 Appendix A REGULATORY AGENCY Jurisdictions, Addresses, and Phone Numbers Federal Agencies U.S. Department of Interior, Fish and Wildlife Service: USFWS Panama City Field Office 1612 June Avenue Panama City, FL Phone: (850) Fax: (850) USFWS Jacksonville Field Office 6620 Southpoint Drive Jacksonville, FL Phone: (904) Fax: (904) USFWS South Florida Ecosystem Office P.O. Box 2676 Vero Beach, FL Phone: (561) Fax: (561) Jurisdiction: Florida Panhandle Escambia County, Santa Rosa County, Okaloosa County, Walton County, Holmes County, Washington County, Bay County, Calhoun County, Gulf County, Jackson County, Franklin County, Libert y County, Gadsden County, Wakulla County, Leon County, Jefferson County Jurisdiction: North Florida Madison County, Taylor County, Dixie County, Lafayette County, Suwannee County, Hamilton County, Levy County, Columbia County, Union County, Gilchrist County, Alachua County, Baker County, Nassau County, Duval County, Clay County, St. Johns County, Putnam County, Bradford County, Flagler County, Marion County, Citrus County, Volusia County, Lake County, Sumter County, Hernando County, Pasco County, Seminole County, Orange County, Brevard County, Hillsborough County, Manatee County Jurisdiction: South Florida Polk County, Osceola County, Indian River County, Okeechobee County, Highlands County, Hardee County, Sarasota County, DeSoto County, St. Lucie County, Martin County, Glades County, Charlotte County, Lee County, Hendry County, Palm Beach County, Broward County, Co llier County, Dade County, Monroe County

26 U.S. Army Corps of Engineers: USACE District Office and Atlantic Permits Branch Office CESA-J-RD-A P.O. Box 4970 Jacksonville, FL (904) USACE Palatka Regulatory Office CESA-J-RD-AP P.O. Box 1317 Palatka, FL (904) Jurisdiction: Atlantic Permits Branch Nassau County, Baker County, Duval County, Clay County, St. Johns County, Putnam County, Flagler County, Marion County, Volusia County, Lake County, Seminole County, Orange County, Brevard County, Osceola County, Indian River County, Okeechobee County USACE Merritt Island Regulatory Office CESA-J-RD-AM 2460 North Courtney Parkway Merritt Island, FL (407) USACE Pensacola Regulatory Office CESA-J-RD-NL 41 North Jefferson Street, Suite 104 Pensacola, FL (850) Mr. Doug Gillmore USACE Panama City Regulatory Office CESA-J-RD-NP 475 Harrison Avenue, Suite 202 Panama City, FL (850) USACE Gainesville Regulatory Office CESA-J-RD-NQ 101 N.W. 75 th Street, Suite 3 Gainesville, FL (352) Jurisdiction: North Permits Branch Escambia County, Santa Rosa County, Walton County, Okaloosa County, Holmes County, Washington County, Gulf Co unty, Bay County, Jackson County, Calhoun County, Franklin County, Libert y County, Gadsden County, Wakulla County, Leon County, Jefferson County, Madison County, Taylor County, Hamilton County, Suwannee County, Dixie County, Lafayette County, Levy County, Alachua County, Union County, Bradfo rd County, Citrus County, Hernando County, Sumter County

27 USACE Tampa Regulatory Office CESA-J-RD-WT P.O. Box Tampa, FL (813) USACE Fort Myers Regulatory Office CESA-J-RD-WF 2301 McGregor Boulevard, Suite 300 Ft. Myers, FL (941) Jurisdiction: West Permits Branch Pasco County, Polk County, Hillsborough County, Pinellas County, Hardee County, Manatee County, Highlands County, Desoto County, Sarasota County, Charlotte County, Glades County, Hendry County, Lee County, and Collier County USACE Vero Beach Regulatory Office CESA-J-RD-SV th Ave. Suite 304 Vero Beach, FL (561) Jurisdiction: South Permits Branch Office St. Lucie County, Martin County, Palm Beach County, Broward County, Dade County, and Monroe County USACE South Permits Branch Office CESA-J-RD-S P.O. Box West Palm Beach, FL (561) USACE Miami Regulatory Office CESA-J-RD-SM North Kendall Drive, Suite 104 Miami, FL (305) U.S. Department of Commerce, National Marine Fisheries Service: National Marine Fisheries Service Southeast Regional Office 9721 Executive Center Drive North St. Petersberg, FL (813)

28 Advisory Council on Historic Preservation: Ms. Martha Catlin Historic Preservation Specialist Advisory Council on Historic Preservation 1100 Pennsylvania Ave. NW, Rm. 809 Washington, DC (202) U.S. Department of Agriculture, Natural Resource Conservation Service: Warren G. Henderson State Soil Scientist Natural Resource Conservation Service 2614 N.W. 43 rd St. Gainesville, FL (352) Water Management Districts: State Agencies Northwest Florida WMD Route 1 Box 3100 Havanna, FL (850) NWFWMD Marianna Field Office 4765 Pelt Street Marianna, FL (850) Jurisdiction: Bay Co unty, Calhoun County, Escambia County, Franklin County, Gadsden County, Gulf County, Holmes County, Jackson County, Leon County, Liberty County, Okaloosa County, Santa Rosa County, Wakulla County, Walton County, Washington County, also a portion of Jefferson County NWFWMD Pensacola Field Office 640 East Nine Mile Road Pensacola, FL (850) Fax (850) Suwannee River WMD Rt. 3 Box 64 Live Oak, FL (904) Jurisdiction: Columbia County, Dixie County, Gilchrist County, Hamilton County, Lafayette County, Madison County, Suwannee County, Taylor County Union County, also portions of Alachua, Baker, Bradford, Lake, Marion, Okeechobee, Orange and Putnam

29 St. Johns River WMD P.O. Box 1429 Palatka, FL (904) Orlando Service Center 618 E. South Street Orlando, FL (407) Jurisdiction: Brevard County, Clay County, Duval County, Flagler County, Indian River County, Nassau County, Seminole County, St. Johns County, Volusia County, also portions of Alachua, Baker, Bradford, Lake, Marion, Okeechobee, Orange, Osceola, Polk, and Putnam Counties. Jacksonville Service Center 7775 Baymeadows Way, Suite 102 Jacksonville, FL (904) Melbourne Service Center 305 East Drive Melbourne, FL (407) Southwest Florida WMD 2379 Broad Street Brooksville, FL (352) Fax (352) Jurisdiction: Citrus County, Desoto County, Hardee County, Hernando County, Hillsborough County, Manatee County, Pasco County, Pinellas County, Sarasota County, Sumter County, also portions of Charlotte, Highlands, Lake, Marion, and Polk Counties.

30 South Florida WMD 3301 Gun Club Road P.O. Box West Palm Beach, FL (561) Okeechobee Service Center (941) Jurisdiction: Broward County, Collier County, Dade County, Glades County, Hendry County, Lee County, Martin County, Mo nroe County, Palm Beach County, St. Lucie County, also portions of Charlotte, Highlands, Okeechobee, Orange, Osceola, and Polk Counties. Martin/St. Lucie Service Center (561) Fort Myers Service Center (941) Big Cypress Service Center (941) Broward Service Center (954) Miami/Dave Service Center (305) Florida Keys Service Center (305) Florida Dept. of Environmental Protection: Northwest District 160 Government Center Pensacola, FL (850) Jurisdiction: Bay Co unty, Calhoun County, Escambia County, Franklin County, Gadsden County, Gulf County, Holmes County, Jackson County, Leon County, Liberty County, Okaloosa County, Santa Rosa County, Wakulla County, Walton County, Washington County, also a portion of Jefferson County

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