FEMA and GPD s Environmental Planning & Historic Preservation Review

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1 FEMA and GPD s Environmental Planning & Historic Preservation Review Dorothy Cook, Senior Environmental Specialist FEMA Region 6 Denton Texas Texas Division of Emergency Management Conference San Antonio, TX May 2018

2 FEMA and GPD Environmental Planning & Historic Preservation What is Environmental Planning and Historic Preservation (EHP)? Why EHP? Benefits vs. Consequences What We Need to Know What We d Like to Know EHP Process, Timelines, & Extenuating Circumstances Online Resources and Contacts

3 FEMA s Mission & Strategic Plan

4 FEMA s Environmental Planning and Historic Preservation Mission Help communities reduce the impact that disasters and emergency management decisions and operations have on the nation s natural and cultural resources.

5 FEMA s EHP Review Is required by Federal laws, regulations and Executive Orders Ensures FEMA actions, including grant-funded projects, are in compliance with EHP requirements Must be complete before FEMA can fund any project

6 What Is an EHP Review? Analysis of pertinent project information to determine compliance with EHP laws, regulations, and executive orders All projects funded with Federal grant dollars must comply with EHP laws, regulations, and Executive Orders EHP review must be completed by FEMA/GPD before project initiation Grantees must provide all required EHP materials to GPD via the GPD EHP Inbox at

7 FEMA and GPD s EHP Review EHP compliance for GPD-funded grant projects is GPD s responsibility, in collaboration with FEMA s Office of Environmental Planning and Historic Preservation and FEMA s Regional Environmental Offices

8 What Are EHP Considerations? Floodplains Wetlands Cultural Resources Historic properties Archaeological sites Endangered Species Air and Water Quality Noise Fish and Wildlife (including habitat) Coastal Zones Agricultural Lands Environmental Justice Socioeconomic Resources Land Use Hazardous Materials Traffic Geology (topography, soils)

9 EHP Laws and Executive Orders: Basis for FEMA EHP Review Endangered Species Act National Historic Preservation Act Executive Orders: Environmental Justice Seismic Retrofit Floodplains Wetlands NEPA Clean Air Act Clean Water Act Resource Conservation & Recovery Act Coastal Barrier Resources Act Coastal Zone Management Act

10 FEMA s EHP Review May require consultation with resource and regulatory agencies, including: State Historic Preservation Office Tribal Government US Fish and Wildlife Service US Army Corps of Engineers

11 FEMA s EHP Review Benefits Informed decision-making Ensure compliance Protect community and investment Protect our nation s water, air, coastal, fish and wildlife, agricultural, historical, and cultural resources, as well as to minimize potential adverse effects to children, low-income, and minority populations

12 FEMA s EHP Review May require preparation of written analyses or agreements required under EHP laws, including: Environmental Assessment (NEPA) Biological Assessment (ESA) Memorandum of Agreement (NHPA) Some EHP laws and EOs require public involvement and a public comment period

13 EHP Review MUST Be Completed Prior to Project Initiation Why? The intent of EHP laws is to improve project planning and decision making before critical resources are impacted. The Bottom Line? EHP noncompliance can jeopardize receipt of FEMA grant funds.

14 Consequences of Non-Compliance Project delays Denial/de-obligation of funding Negative publicity Civil penalties Lawsuits

15 Preparedness Project Types that Trigger EHP Review Facility construction Modification/renovation of existing structures Physical security enhancements Communication towers

16 WHAT WE NEED TO KNOW H HELP US HELP YOU

17 EHP SCREENING FORM

18 1. Scope of work (complete and accurate) Make it clear what is being proposed - answer common sense questions. What, where, why, how, & when? How big? (H X L X W X D) How old? Changes in footprints? Ground disturbance? Construction access & staging? Equipment attachments?

19 Scope of Work Bad Install cameras in courthouse Good Install 4 Panasonic VT-5 video cameras on first floor of 1898 county courthouse. Cameras will be installed opposite exit doors, 2 feet below drop ceiling (see diagram for location, position, and height). Wiring will use existing conduits etc.

20 Scope of Work (continued) Bad Build EOC Good Build 4 story, 6000 sq ft EOC on vacant lot, last used for farming. Slab on grade construction with 4 ft footers. See site plan. Site will be graded and an estimated two feet of soil removed. Utilities will be installed 2 feet below grade etc.

21 2. Location and Aerial Photo Address Latitude / Longitude Aerial photo with location marked Example 1600 Pennsylvania Ave NW, Washington, DC N , W

22 Good - Aerial Photo with Project Boundary

23 3. Ground Level Photographs (with captions) Bad Good North face South face

24 Good - Ground Level Photo

25 Good - Installation Mock-Up Photo

26 Good - Installation Mock-Up Photo

27 4. Year built (man-made) Example 1 Construction began 1792, completed 1800 Rebuilt 1817, additions in 1824, 1829, 1901 Interior structural renovations 1927, 1946, 1948 Example 2 Built 2005

28 5. Land Use (past, current, proposed) Project area Neighborhood Example: Logging until 1960, farmland , 2 story medical building with basement built 1981, demolished 1993, vacant lot currently. Neighborhood mixed commercial / residential use

29 6. Plans, drawings, blueprints West face East face

30 Good - Installation Plan View

31 7. Ground disturbance Grading, removing, or digging into soil Adding soil to site If adding soil, where did the soil come from? e.g., commercial source, borrow pit, etc. Example: length, width, and depth of trenching for conduit

32 Communication Towers Consider all elements of project: Tower height and design (lattice or guy wires) Use of aviation lighting Security fencing and lighting Equipment building Access road Equipment staging area Might require an Environmental Assessment MBTA/ESA USFWS concerns FCC licensing

33 New CATEXs for Towers E1 Construction, installation, operation, maintenance, and removal of utility and communication systems (such as mobile antennas, data processing cable, and similar electronic equipment) that use existing rights-of-way, easements, utility distribution systems, and/or facilities. This is limited to activities with towers where the resulting total height does not exceed 200 feet and where the FCC would not require an EA or EIS for the acquisition, installation, operation or maintenance.

34 New CATEXs for Towers *N10 Federal Assistance for Communication Towers of Less than 400 Feet. Federal assistance for the construction of communication towers when all of the following are met: (a) The total height is less than 400 feet above ground level, (b) The tower construction project has been reviewed by the Federal Communications Commission (FCC) and has been documented as meeting FCC environmental planning and historic preservation procedures, (c) The project is located farther than 660 feet from a Bald Eagle s nest or 0.6 mile from a Golden Eagle nest, (d) The tower is not located on ridgelines or in coastal zones, bird staging areas, colonial nesting sites, 100- or 500-year floodplains, or wetlands, and (e) The lighting scheme meets all applicable US Fish and Wildlife Service guidelines for reducing potential impacts to night-migrating birds. This CATEX covers associated activities such as installation of fuel storage tanks, equipment buildings, security fencing and lighting, and access roads, and land disturbance activities typically associated with construction such as clearing, fill, and grading.

35 Section 106 Compliance for GPD Communication Facilities Step 1. Grantees upload information into FCC s Tower Construction Notification System (TCNS). ( Step 2. Upon completion of TCNS process grantees should upload information into FCC s E106 System ( Not all states participate in the E106 system. If a state does not participate, grantees should complete the appropriate forms, then print and submit a hard copy of these documents to the SHPO. For States participating in the online E106 system, an automatic notification from the E106 System to the SHPO initiates consultation. The system assumes concurrence if no response is received from the SHPO in 30 days. While in the E106 system, grantees list GPD or FEMA as a consulting party, and enter GPD s FCC Registration Number (FRN), # Step 3. Upon completion of the E106 and TCNS processes, grantees provide copies of all relevant EHP materials, including copies of the E106 submittal, and all E106 responses received from SHPO/THPO as part of their completed EHP Review Packet to GPD EHP via GPDEHPinfo@fema.dhs.gov.

36 WHAT WE D LIKE TO KNOW H HELP EXPEDITE THE REVIEW

37 1. Flood Insurance Rate Map Project Location

38 2. Wetlands Map (National Wetlands Mapper) Project Location

39 3. Alternatives Considered Ask yourself: What is the purpose or need I am trying to meet with the proposed project? Then ask: What other ways may I meet that same purpose and need? Hint: You ve probably already thought this through

40 4. Public Involvement (to date) List any (and provide copies when applicable): Public notices or letters of notification Neighborhood or City Council meetings and minutes Project-specific public meetings and minutes Media coverage Responses from the public

41 5. Correspondence & Permits Include: Copy of letter initiating consultation Copy of response letter Additional s, phone memos, or correspondence Copies of permits already received or applied for

42 6. Studies Include: Zoning studies Geotechnical studies Hydrology and Hydraulic (H&H) studies Histories Archaeological surveys Biological Assessments Environmental Assessments

43 PROCESS, TIMELINES, & EXTENUATING CIRCUMSTANCES

44 What to Expect with a GPD EHP Review Complete and submit EHP Screening Form and information to GPD EHP (send to GPDEHPinfo@fema.dhs.gov) Grantee will receive receipt confirmation within 48 hours Grantee will receive project ID number within 10 to 15 business days

45 What to Expect with a GPD EHP Review (Continued) GPD EHP reviews EHP packet. Notifies grantee if additional information is needed within 10 to15 business days of initial receipt GPD EHP completes initial compliance review and makes a determination within 30 days of initial receipt. The outcome will be that the EHP Review is complete, or that it is being sent to a Regional Environmental Office for further review Program Analyst notified of GPD EHP review results

46 Types of GPD EHP Project Reviews Type A Projects-Approved at FEMA HQ No potential for adverse EHP impact Classroom-based Training Purchase of Mobile and Portable Equipment Type B Projects-Approved at FEMA HQ Projects that will not result in adverse impacts on resources and that do not require additional consultation Installation of antennas, base radios, repeaters, and sirens, cameras, lighting, access control with little/no ground disturbance on buildings < 50 years old.

47 Types of GPD EHP Project Reviews (Cont.) Type C Projects Approved by Regional Environmental Officer New construction Projects where SHPO or tribal consultation required Projects in the floodplain Projects in or adjacent to waters of the US Antenna or Communication tower projects over 199 feet Projects on Tribal land or on property under another federal agency s jurisdiction Projects with potential to impact threatened or endangered species Projects involving purchase, transport, storage, production, use, processing, or disposal of any hazardous materials

48 Common Reasons for EHP Delays Incomplete information: request for more information = project delays Poor or absent ground-level photographs Inadequate project description Poor or absent aerial photographs Extent of ground disturbance unclear or not included No project location (physical addresses or latitude-longitude)

49 Extenuating Circumstances Section 106 (NHPA) consultation required (SHPO or Tribal response to request for consultation within 30 days, for complex projects consultation may take longer) Memorandum of agreement is required ESA formal consultation required (may take up to 135 days) Environmental assessment is required

50 Online Resources GPD EHP Information on-line screening form, instructions, policy guidance, etc

51 Contacts and Questions Kevin Jaynes Office in Denton Dorothy Cook Office in Denton