Presentation on theme: "Environmental/Historical Compliance in the Disaster Recovery Process"— Presentation transcript:
1 Environmental/Historical Compliance in the Disaster Recovery Process WelcomeIntroduce staffHousekeeping – breaks, lunch, bathrooms, evaluation forms,Ask attendees to introduce themselves – agency, level of environmental experience, what they want to get out of classQuestionsFEMA/OES Funded Projects
2 Handouts OES Environmental Directory OES Environmental Flyers Programmatic Environmental Assessment for Typical Recurring Actions: Flood, Earthquake, Fire, Rain, and Wind Disasters in CaliforniaPresentationList of acronymsWe have included the handouts that we will make reference to on a CD that’s included in your packets.Throught the day you will hear us reference the environmental directory. The Directory is a guide to environmental compliance, environmental laws, and agencies that regulate the environment. We will demonstrate the directory at the end of the program today.Also included on the CD is a group of flyers which OES has developed for each of the major environmental laws. The flyers include a brief description of the laws or laws that we will be discussing todayAlso included on the CD is something called a programmatic environmental assessment that FEMA uses to clear many of the projects they fund. This documewnt generally describes some of the impacts that certain types of projects will have. It a good tool to review if you are interested in a description the general environmental impacts, and the environmental processes and mitigation measures that may be applied to your projects.Also included on both the CD and in your packet is a copy of our powerpoint presentation and a list of acronyms that you hear us talk about today. .
3 Benefits of Sound Environmental Compliance Avoid loss of grant funds (de-obligation)Decrease delaysAvoid legal actionAvoid negative publicityAvoid penaltiesMaximize grant fundingWe want to stress that there are benefits to sound environmental compliance.Many disaster related projects will proceed through the system with few problems. Some projects however, will have potential environmental impacts and will take more time and planning.Remember that FEMA must take away grant funds for non-compliance with Federal laws. EXAMPLEDelays can be caused by having projects that have not considered environmental issues during the initial planning process. As projects move through the environmental process, the scope of work can change so that the project must go through the environmental review process a second time.Legal action can also cost you significant money in legal costs as well as negative publicity. If you want your project in the newsNo one wants negative publicity. This can create additional controversy around your project.Many environmental laws such as the endangered species act and the Clean Water Act will have criminal and civil penalties that can cost you and your agency monitarily or involve jail time. An even more important reason to be careful.Knowing these issues and potential environmental mitigation can increase the size of your grant award. Planning these costs upfront will keep you from changing the scope and continuously asking for more funds.Understanding environmental historical law can help you maximize your funding.
4 Important PointsDon’t start construction until environmental review is completeIt’s the applicant’s responsibility to obtain permitsA project excluded or exempted from NEPA or CEQA must still comply with all other environmental lawsChanging the project will require additional environmental reviewDuring our presentation you will hear several re-occuring themes. We will repeat them during the day so that you will remember these key points that will protect you and your grant awards during the disaster recovery process.Don’t start constructing your project until all of the environmental review and permitting is complete. All of the NEPA and CEQA must be complete.The applicant is responsible for all permits. Permits must be in order before construction can take place.Remember, although many disaster related projects will be exempt from NEPA and CEQA there are still other environmental laws that must be followed. If you violate any other laws such as the ESA, NHPA or the Clean Water Act, you could lose your funding.Any time you change your project it will have to go through environmental review again. This is why a thorough knowledge of the environmental issues ahead of time will help to reduce or eliminate the number of times the project will go through environmental review. It you put it back exactly the way it was, you will have less obstacles.
5 Roles and Responsibilities Lets get started by reviewing the roles and responsibilities of the agencies that are involved in the environmental compliance process surrounding disaster recovery. You will see that some of these roles are unique and in other instances are very similar to the roles and responsibilities that any agency involved in the development process will face.
6 Who is Involved? FEMA OES Subgrantee (applicant) Resource agencies These are the agencies that are typically involved in our environmental and historical review process. Later in our presentation we will also discuss the roles and responsibilities of the agencies in implementing federal and state environmental laws.Now lets go over each one of these agencies responsibilities.
7 FEMA Legal responsibility Oversight/Management NEPA ESA NHPA Executive orders and other federal environmental lawsOversight/ManagementLEGAL RESPONSIBILITY - FEMA has the legal responsibility to uphold and implement NEPA and the other environmental laws and executive orders. 44CFR identifies the policies and procedures that FEMA must follow when authorizing or approving actions that may affect the environment.OVERSIGHT-MANAGEMENT – FEMA manages the process as the lead agency to ensure that the environmental process is built into it’s programs. FEMA is also responsible for ensuring that projects are implemented properly, mitigation conditions are implemented and that follow-up occurs.
8 FEMA (Continued) Prepare environmental documents Site visits ConsultationsSection 7, ESASection 106, NHPAFEMA often uses consultants to assist with their responsibilitiesPREPARATION - EA’s, Biological Assessments, CAT-EX or any other environmental documents.SITE VISITS: Who can be there: OES, FEMA, Consultant, Regulatory Agencies, and applicants.What Could Happen:Review applicant’s proposed projectIdentify potential environmental or historical impactsInformally discuss problems and issuesRecommend alternativesDiscuss permit or consultation requirementsConsultations: This involves allowing other agencies the opportunity to review and comment on your project. Later in our presentation we will talk about consultation in more detail.
9 OES Project formulation Oversight/Management Training Monitor projects Make recommendations to FEMAProvide technical assistance to applicantsPROJECT FORMULATION –OES’s responsibilities include assisting applicants, preparing applications, and ensuring that project applications contain appropriate environmental data.OVERSIGHT MANAGEMENT – Similar to FEMA’s responsibilities OES is responsible for ensuring that applicant’s have been appropriately advised and that technical assistance is available. OES is also responsible for ensuring that projects are implemented properly and that mitigation conditions are implemented. OES is responsible for conducting applicant briefings and site visits We will prepare a Preliminary Environmental Recommendation, where we review a project to determine what kinds of environmental issues will be associated with the project. OES also is responsible for dispersing the funds.TRAINING – Provide training to OES staff and applicants on environmental historical issues.TRACK PROJECTS – One of our primary missions is to monitor projects and keep them moving through the environmental review and permitting process. We do this by reviewing a bi-monthly status report of our projects, through conference calls and by keeping in contact with FEMA and our applicants.Questions - We also answer a lot of questions from staff and from our applicants about environmental laws and regulations and respond to requests for assistance.
10 Applicant Project formulation Provide information to FEMA and OES CEQA PermitsProject implementationPROJECT FORMULATION – Prepare or assist in preparing project worksheets that describe the scope of work they intend to complete in restoring or rehabilitating damaged public facilities or hazard mitigation projects.Provide information – Responsible for providing OES and FEMA information about the project and environmental conditions.CEQA/PERMITS – The applicant is responsible for completing any CEQA requirements and for obtaining any necessary permits from other federal, state or local agencies.PROJECT IMPLEMENTATION –Agencies receiving FEMA and OES grant funds are also responsible for complying with all federal, state, local environmental laws.
11 Resource Agencies Consultation Permitting Technical assistance USFWS NMFSSHPOPermittingTechnical assistanceFederalStateTechnical Assistance – Provide information about laws, rules and regulations, and they can also suggest other alternatives or mitigation measures. This why it is important to establish contacts with other agencies so that you know who you can call for assistance. Cooperating agencies may actually prepare parts of the environmental document.Consultation – These are the agencies that are involved if you have federally endangered species or historical resources. Later in the program, we will discuss consultations in more detail.Permitting – They are responsible for issuing permits and they also monitor projects to make sure the terms and conditions of the permit are being followed.
12 National Environmental Policy Act (NEPA) The Umbrella Covering the Environmental Review ProcessWE are going to start our discussion of environmental laws by first reviewing the National Environmental Policy Act Or NEPANEPA was passed by Congress in 1970 and established a national policy for the protection of environment by creating a process which all federal agencies must follow.NEPA can be a very technical process and for today’s class we don’t expect you to become experts so we will be going over what we believe are the major points as it applies to FEMA and OES projects.Lets start our discussion by going over five points about NEPA we’d like you to remember:
13 National Environmental Policy Act (NEPA) A process not an outcomeImplemented when there are federal actionsRequires decisions makers to be informedRequires public disclosureMust be completed before projects are startedFirst, …NEPA requires federal agencies to follow a process to assess environmental impacts, It does not mean that if a project has impacts that it will not be approved or funded that’s why its called an environmental policy act and not a protection act.2nd NEPA is applied whenever there is a federal action or undertaking. WE will describe federal undertakings later in our presentations3rd – NEPA Requires that environmental information be available to public officials and that they consider the environmetnal affects of their actions before decisions are madeNEPA requires public disclosure but there are different levels of public disclosure depending on the type of environmental document being prepared.For our projects, a critical component of the NEPA process is that the NEPA process must be completed before any work is initiated.
14 NEPA: The Umbrella NEPA National Historic Preservation Act Endangered Species ActClean Water ActClean Air ActExecutive ordersAll other environmental lawsNEPASince the purpose of NEPA is to take into account the effects of federal actions on the environment, there are other federal environmental laws and executive orders that must be examined during the environmental review process – hence the idea that NEPA serves as an umbrella under which all of these requirements can be applied.As part of today’s training, we will describe these laws and the agencies responsible for enforcing them.
15 Why Projects Are Subject To NEPA? Federal action or undertakingFederal fundingFederal permitFederal projectFederal landFederal regulationsEarlier, I mentioned that NEPA is implemented whenever there are federal actions. So lets take a look at what those actions or undertakings consist of.First, as we all know, there are federal actions whenever there is federal funding such as our PA and HMGP programs. Since there are federal dollars involved, FEMA must evaluate the environmental affects of spending those dollars. I’m sometimes asked if there is a minimum of amount of funding that a project must receive before this requirement is triggered and the answer is no. It can be any amount.Second, NEPA is also triggered before federal permits are issued. An example are the wetlands permits from the Army Corps of Engineers which we will talk about later on.NEPA review is also required when the federal government undertakes a new large construction project such as building a new federal building. It is also required if a pipeline or road crosses federal land.And lastly, NEPA review is required whenever an agency develops new regulations that may somehow affect the environment. An example of this would be new rules that affect the flood insurance program.
16 NEPA Implementation NEPA Council on Environmental Quality (CEQ) regulations are generalFederal lead agencies adopt regulations that are more specificFEMA’s NEPA regulations are found in 44CFRWho is responsible for developing NEPA regulations?CEQ or the Council on Environmental Quality is the agency that adopts general NEPA regulations that each federal agency is required to implement. CEQ is also responsible for overseeing NEPA and making sure that federal agencies are properly implementing it.In addition to CEQ’s regulations, each federal agency also adopts their own NEPA implementing regulations that are consistent with but more specific than the CEQ regulations.FEMA’s NEPA regulations can be found in 44CFR which can be found in the Environmental Directory
17 Who Are The Participants? FEMAOESApplicantCooperating agenciesConcerned citizensFirst, FEMA is a primary participant because they are the lead agency for implementing NEPA for any projects they funds. OES is involved because we monitor NEPA compliance so that our applicants do not get de-obligated.The applicant is involved as they must be aware of NEPA requirements, provide information to FEMA and OES about the project, and must not commence their projects until the NEPA review is complete.Cooperating agencies are agencies that can provide FEMA with technical expertise and assistance in the preparation of NEPA documents.Citizens and governmental agencies have a role in this process as they are allowed to review and comment on environmental documents and therefore play a role in the approval process.
18 Outcome of NEPA Review Statutory Exclusion (STATEX) Categorical Exclusion (CATEX)Environmental Assessment (EA)Finding of No Significant Impact (FONSI)Environmental Impact Statement (EIS)When NEPA is applied to a project these are the different outcomes that can result. We are going to discuss each one of these in the slides that follow
19 Statutory Exclusion or STATEX Emergency debris removal (life/safety)Emergency protective measuresRepair or restoration projectsThe first possible outcome and one that applies to many of our projects is called a Statutory Exclusion. Statutory Exclusions are specific actions that were excluded from NEPA review by Congress. These are actions that involve emergency situations or have no or little potential to affect on the environment. Although no documentation is required, there is usually a notation on the project paperwork that will indicated that the project has been determined to be Satutorilly Excluded.There are three types of projects that qualify for a statutory exclusions. The first is debris removal necessary to eliminate a threat to public health and safety.The second class of projects include emergency protective measures necessary to save lives, protect health and safety or to prevent damage to property. Examples of emergency protective measures include sandbagging, bracing or shoring damaged structures, or providing emergency shelter.The third type of exempt activity involves repairing or restoring a facility or structure to its pre-disaster condition. These activities must take place on the same site, conform substantially to the pre-existing design, and must occur in the pre-existing footprint. A majority of public assistance projects we fund will be statutorily excluded under this provision.
20 Categorical Exclusion or CATEX Specific list defined in 44 CFR 10.8(d) (19 CATEXs)From experience, no significant effect on the environmentMay not apply if there are “Extraordinary Circumstances”The next type of outcome is called a Categorical Exclusion or CATEX which requires a minimal amount of documentation.CATEXs are types of projects that FEMA, through their experience in dealing with disasters has determined do not normally have a significant effect on the environment. They are able to exempt these types of projects by listing them in their NEPA implementing regulations. There are 19 CATEXs listed in 44CFR.As a cautionary note, If there are extraordinary circumstances associated with a project, then the project will not be eligible for a CATEX. We will discuss the meaning of extraordinary circumstances in the next slide
21 Extraordinary Circumstances Public controversyHazardous substancesCumulative impactHistorical/cultural resourcesEndangered species or designated critical habitatIf you have a project in which there are extraordinary circumstances an environmental assessment will need to be prepared. I’ll explain what an environmental assessment or an EA is a little later during our presentation.These are the most common extraordinary circumstances that apply to disaster related projects. There is a complete list of extraordinary circumstances in 44CFR. Lets briefly go through them so you know how they are applied.First, you have a project that is very controversial you probably have a project that may require additional environmental review.If hazardous substances are present on the site of your project then an EA will be required.Even though your project may not have significant environmental impacts alone, there may be other projects planned for in the vicinity and a combination of all of these projects and their impacts may affect adversely the environment. This is called a cumulative impact and will require an EA.The project could affect a historical building or there could be archeological resources on your site. This could also create the need for an EA.If a project affects endangered species or their associated critical habitats you will also have an extraordinary circumstance that will require an EA
22 Contents of a CATEX A description of the action A statement citing the CATEX for which the project qualifiesNo extraordinary circumstances existOther federal laws and executive orders that were addressedIf you have a project that qualifies for a CATEX the required documentation is fairly easy to complete. Normally it’s a one or two page document These are FEMA’s requirements for a CATEX. As you can see it includes a description of the proposed action, the type of CATEX the project qualifies for, a statement that no extraordinary circumstances exist and a list of federal laws and executive orders that were examined to determine the project is CATEXable.
23 Environmental Assessment or EA Required when a CATEX or STATEX cannot be preparedAnalyzes and determines impactsDetermines whether a FONSI or EIS is requiredIf you have a project in which you cannot prepare a CATEX or STATEX then an Environmental Assessment or EA is required.The EA is a more detailed document that analyzes potential impacts and determines whether an EIS or a FONSI is required.If it is found that the project will not have significant adverse impacts on the environment, then a FONSI or Finding of No Significant Impact is prepared.If a project will have significant adverse impacts then an Environmental Impact Statement or EIS is prepared. Because FEMA prepares so few EISs we won’t be discussing them in great detail today.
24 Types of EAs Programmatic Environmental Assessment (PEA) Supplemental Environmental Assessment (SEA)Current disasters are tiered from: “Programmatic Environmental Assessment for Typical Recurring Actions: Flood, Earthquake, Fire, Rain, and Wind Disasters in California”There are two types of EAs. A Programmatic EA and A Supplemental EA.A Programmatic EA describes in general terms the types of impacts that result from certain types of disaster recovery activities or programs. In the past they were prepared for each disaster as it was declared. Once adopted the Programmatic EA was applied to individual smaller projects that do not qualify for a STATEX or CATEX so the PEA greatly streamlines the environmental review process.Currently, we have a PEA for all current or “open” disasters and all future natural disasters in California. A copy of this PEA is included on your CD.A Supplemental Environmental Assessment or SEA is an environmental document that is tiered from the PEA. Tiering is a term that means nothing more preparing a follow up environmental document that describes in a greater level of detail and with more precision a specific project’s impacts and the mitigation measures that will be applied to reduce those impacts.
25 Contents of an EA Purpose and need Project description Alternatives Environmental impactsAgencies consultedConclusion of analysis (FONSI or EIS)The items on this list are the required contents of an EA according to FEMA’s regulations.The EA must include a purpose and need statement which identifies the goals and objectives of the project and why the project is needed.The EA must have a description of the proposed action and an identification of the other alternatives that were considered.It must identify the environmental impacts of the proposed action and each alternative. All of the alternatives will be given equal evaluation.It must also identify any agencies that were consulted during the preparation of the EA.The document must also identify whether a FONSI or EIS will be prepared as a follow-up document.
26 NEPA-Alternatives Driven FEMA requires equal evaluation of:Proposed projectAlternative (with exceptions)No action alternativeIn most situations FEMA requires an evaluation of the proposed alternative, a no action alternative and one additional alternative when it prepares an EA.CEQ regulations requires all alternatives to be evaluated equally. Think about this when formulating your projects and try to have another alternative available.
27 What is a FONSI Finding of No Significant Impact Brief project descriptionIdentifies documents used to make determinationA statement regarding the level of impactSigned by the Regional Environmental Officer (REO)The FONSI is based on the analysis and conclusions of the SEA. It’s a statement that a project will not have an adverse impactA FONSI stands for a Finding of No Significant Impact. This is the information required for a FONSI according to 44 CFR.The FONSI will contain a brief description of the project and will identify the documentation used to make the determination such as the programmatic and/or the supplemental EAs.The FONSI is signed and dated by the Regional Environmental Office.All of this information is usually provided in a simple one page document.
28 What is an EIS? Environmental Impact Statement More rigorous review/documentation of impactsFormal public involvementRequires a Record of Decision (ROD)Rarely prepared for PA or HM projectsEISs are written when an EA determines the project may have or is known to have significant impacts. It is a more detailed document that requires extensive studies prepared by experts in those fields. The EIS also has a longer review period and the public is more involved in the process.Instead of a FONSI a Record of Decision or a ROD is written to conclude this process. It explains why the project must be carried out, describes the environmental impacts and any mitigation required for the project.EISs are rarely prepared for FEMA projects so we are not going to cover them in any great detail.
29 Public Review Periods Exclusions None EA/FONSI 15 Days Draft EIS Final EIS30 DaysEarlier we said that NEPA requires public disclosure depending on the type of document prepared. These are the time periods that are required for publid review.An EA/FONSI has the shortest review period of 15 days. The draft EIS has a 45 day review period followed by the final EIS at 30 days.Since exclusions have no review period, you can see that these types of documents can be processed rather quickly by FEMA. What normally takes the most time to complete an EA is the time required to determine that there are no extraordinary circumstances.
31 What Happens if Your Project May Affect Historic Properties The National Historic Preservation Act (NHPA)What Happens if Your Project May Affect Historic PropertiesMany public buildings, structures and objects can have historical significance. The repair of damaged facilities can involve ground disturbance such as trenching and grading so that archeological sites can be affected. Therefore, your project may be subject to the National Historic Preservation Act.
32 National Historic Preservation Act (NHPA) Primary law governing historic preservation programs nationallyIdentifies historic preservation responsibilities for federal agenciesThe NHPA is the primary federal law that governs historic preservation programs. Since FEMA is a federal agency, they have the responsibility to comply with NHPA when providing funds to repair your damaged facilities.There are several other historical preservation laws and executive orders. We don’ t have time to discuss them today because we have a lot of material to cover. However, Our environmental directory and the flyers on your DC includes information about these other historic preservation laws.
33 Historic Properties as Defined by NHPA Must be on or eligible for the National Register of Historic PlacesAre at least 50 years old (with exceptions)Are significantRetain integrityTo qualify as a historic property a building, facility or object is either listed or is eligible for listing on the National Register of Historic Places.To be eligible for the National Register a property must meet the criteria up on the screen.In general, a property must be at least 50 years old although there with exceptions.A property must also be significant or historically importantLASTLY, The property must maintain it integrity. This means it cannot be modified or destroyed to the extent that it has lost its historical significance.We will talk about significance and integrity later in the presentation.
34 National Register of Historic Places List of places important in U.S. history and cultureRegistry contains over 73,000 listingsProperties designated by the Keeper of the National RegisterWHAT IS THE NATIONAL REGISTER?The National Register is a list of properties, kept by the National Park Service that have significant importance to our nation’s history and culture. Properties are nominated by the State Historic Preservation Office or SHPO and are designated by the Keeper of the National Register.As you can see there are many properties that are currently on the register and many more that may be eligible.Our Environmental Directory has a link to the National Register database where you can search for historic properties by county or city.
35 What Makes a Historic Property Significant? It must meet 1, or more, of 4 criteriaAssociation with eventsAssociation with peopleDistinctive design or constructionData (information value)For a property to be significant it must meet at least one of these criteria.It can have an association with important events. For example, an event can be a war or an event like the women’s temperance movement, underground railroad, the gold rush or the Wright brother’s first flight to name a few.It can have an association with people such as presidents, generals, an architect or someone who made a significant contribution to our societyA building or structure may have a distinctive design or construction such as a Victorian building types of be a uniquely designed bridge.It can also provide important data or information about our history or culture . Many archeological artifacts are from a time where there was no written history so we depend upon those sites to give us information.An important point about these evaluations is that they must be made by someone who meets the Secretary of the Interior Standards.
36 What is Integrity?The property must be able to convey its significanceCertain modifications may damage or destroy a property’s integrityThis could make a property ineligible for the National RegisterMany properties have been modified or damaged to the extent that they no longer convey the historic significance of the property. Extensive changes in a building that affects its integrity can make the building ineligible for the National Register.
37 National Historic Landmarks About 2,300 properties nationwideDesignated by the Secretary of InteriorFederal agencies need to make every effort to minimize harm to NHLsWithin the National Register there are also a special class properties that are especially important and these properties are identified as National Historic Landmarks.They are designated by the Secretary of the Interior. Federal agencies are required to make every effort to minimize harm to historic landmarks.Federal actions that affect landmarks must comply with Section 106 but there are some differences.The agency official must request that the Council become involved in resolving adverse effectsThe Secretary must be notified of any consultation and invite the Secretary to participateOutcome must be reported to the Secretary
38 What Are Historic Properties? Buildings, sites, structures, objects, districts, traditional cultural properties, and historic landmarksMost of us think of elegant, old buildings when we first think of historic properties, but historic properties can take many forms. They can be buildings, objects, districts, traditional cultural properties, and historic landmarks. We will show you some examples of different types of historic properties.
39 Historic Buildings Folsom Powerhouse Gamble House, Pasadena, CA The Folsom Powerhouse doesn’t have the elegant look of the Gamble house, but none- the –less it is listed on the National Register. This is why it can be difficult to identify eligible properties and why it requires special training.
40 Historic Sites Archeological Very few archeological sites are visible, but these provide some evidence of native American populations. These are grinding rocks that were used by the Miwok and the Maidu tribes to grind acorns into flour. Some sites will have a visually different soil type called midden that is associated with early populations.
41 Historic Landscapes Rae Selling Berry Garden Portland, Oregon Chung Wah ChineseCemetery Folsom, CAHistoric landscapes can also be significant. Historic landscapes can be large or small and can include such things as vegetable patches, estate gardens, vineyards, cemeteries, farms, quarries, or nuclear test sites.
42 Historic Districts Old Sacramento Spring St. Financial District, Los AngelesHistoric districts have many historic buildings in one area. Not all buildings that are within a historic district may be on or eligible for the National Register.
43 Historic StructuresQueen MaryFresno Water Tower
44 Traditional Cultural Properties Medicine Lake HighlandsTraditional cultural properties are sites that have religious significance to native Americans.Medicine Lake Highlands is located northeast of Mount Shasta.
45 National Historic Landmarks Watts TowersRose BowlThese are some examples of National Historic Landmarks. Can anyone think of a historic landmark in your area?Yosemite, Alcatraz, Balboa Park, Bank of Italy Building in San Francisco, Bodie, Camel Mission, Hale Solar Laboratory, Coloma, Folsom Powerhouse
46 National Historic Preservation Act Roles and ResponsibilitiesNow that we have reviewed the National Historic Preservation Act, we will discuss the roles and responsibilities of the different agencies in its implementation.
47 FEMA Ensure compliance with NHPA Examines properties to determine eligibility for the National RegisterInitiates Section 106 consultation with SHPO/THPOPrepare memorandum of agreements (MOA) when necessaryFor projects which FEMA funds, they are responsible for ensuring that the project complies with NHPA.FEMA will determine if the property is on the National Register or eligible for listing. If necessary, Tthey will send out a specialist that meets the Secretary of Interior Standards to evaluate the building, structure or site.If historic properties are affected, FEMA will initiate the consultation process with SHPO or THPO which we will discuss later in our presentation.If a project may have an adverse affect on a historic property, then FEMA will work with SHPO to avoid or minimize the impact. This can be done by establishing mitigation measures in the environmental document or by entering into an MOA with SHPO.
48 State Historic Preservation Office (SHPO) Identifies historic properties and keeps an inventory of historic properties in stateNominates properties to the National Register of Historic PlacesImplements NHPA at the state levelConsulting party in Section 106 reviewFEMA’s primary contact for historic review consultations (Section 106)SHPO responsibilities includes keeping an inventory of historic properties in the state and nominating properties to the National Register. They also implement NHPATo protect properties that are on or eligible for the National Register.An important role of SHPO, for our purposes, is that they are the primary contact for Section 106 consultations
49 Tribal Historic Preservation Office (THPO) Implements NHPA at the tribal levelKeeps inventory of historic properties on tribal landsFEMA’s primary contact for historic review consultations regarding tribal properties or native American artifactsTHPO has the same responsibility as SHPO for properties on native American land or sites that have native American remains or artifacts.
50 OES Provide information to FEMA Collect information from applicant Prepare recommendation to FEMAParticipant in Programmatic Agreements and MOAsProvide technical assistance/trainingOES provide information about projects to FEMA and also interacts with the applicant. Once all program issues are resolved, OES also prepares a recommendation to FEMA on hisotrical issues. OES also participate and sign the PAs and MOAs.We provide technical training such as this training program. We also present these training programs to our staff...
51 Applicant Provide information to OES and FEMA Prevent additional damageComply with federal, state or local preservation lawsProvide what ever information you have about your property’s historical significance.The applicant should try to prevent additional damage by limiting access that may lead to vandalism or other damage.There may also be local ordinances that protect historical properties. You are responsible for complying with those local ordinances.
52 Advisory Council on Historic Preservation (ACHP) Issues regulations to implement Section 106 of the Historic Preservation ActProvides guidance and adviceOversees Section 106 processConsults with and comments to agency officials on individual undertakings and programsParty to Programmatic AgreementsACHP does not usually get involved in local projects unless it is a very large significant project or there are disputes.A school district wanted to demolish a building that was no longer able to cost effectively repair. Preservation groups opposed the demolition of the building. An MOA was developed to try to resolve adverse effects from the demolition. ACHP was involved in the process and required a public participation program. The project later mothballed.
53 NHPA Review Process Implementing Section 106 Now we are going to explain the Historical Review process that you will encounter during the disaster recovery process, specifically the Section 106 Consultation as implemented by the PA.
54 What is Section 106?Consultation process between FEMA and SHPO to evaluate affects on historic propertiesFEMA and SHPO implement Section 106 through a Programmatic Agreement (PA)Section 106 is a consultation process that federal agencies use to evaluate affects on historic resources.In California, FEMA uses a Programmatic Agreement with SHPO to implement Section This programmatic agreement is in Appendix H of the Programmatic Environmental Assessment located on your CD.
55 Main Points of the PA Identifies responsibilities of agencies Establishes time periods for SHPO to commentEstablishes a dispute resolution processIdentifies projects that are not subject to Section 106 (no review required)These are the main points of the Programmatic AgreementThe PA identifies each agencies responsibilities during the Section 106 consultation process. It creates a dispute resolution process if there are disagreements about eligibility or mitigation requirements.And, it also identifies a list of projects that are not subject to Section 106 in order to help streamline this process.
56 Examples of Activities the PA Exempts from Section 106 Repainting of surfaces (without destructive preparation)Seismic upgrades (not visible from exterior or within character defining historic interiors)Ground disturbing activities related to the repair, in-place replacement, or hardening of culvert systems (in kind, modest increase in size and capacity, does not disturb native soils)These are examples of some of the activities that the Programmatic Agreement has exempted from review.
57 Time LimitsImmediate rescue and demolition operations to protect life and property are exempt from 106Expedited review - Allows SHPO 3 days or less to comment on proposed actionStandard time limit – SHPO must comment on an action within 30 daysThese are examples of time limits specified in the Programmatic Agreement for the review of projectsIf there is an emergency and immediate action is necessary to to protect life and property these types of activities are exempted from Section 106 review.An example of this is a building damaged by an earthquake and is in danger of falling into the road right of way or on another building.There is also a three day time period for an expedited review. These are situations where there is not an immediate threat but the situation needs to be resolved quickly.If a project does not fall into the first two situations then a normal review would take place. This would be within a 30 day time period.If SHPO does not respond within the set time frames FEMA is alllowed to go ahead with the project.
58 How Do SHPO’s Comments Become Incorporated? Included in the scope of workIncluded in the EAWhen SHPO comments on a project there are two ways in which these comments can become incorporated. The can become part of the scope of work and/or they can be incorporated in the EA as mitigation.
59 What if it Can’t be Saved? FEMA/applicant document with:PhotosNarrativeHistoric researchFEMA must document with photos, narrative (building department) or historic research. There is a standard to follow to appropriately document and photograph historic properties.Ghosting is something the subgrantee can choose to do. Part of the building can be saved and used in a new facility.
60 GhostingUsing part of the building or site in the construction of the new building or site
61 Examples of Ghosting Photography by Dan Holland Ghosting is accomplished by keeping some of the original components of a building or site and reusing it in the new facility or site.This is an example of ghosting that I found while traveling this summer. The example is the Homestead Steelworks in Homestead Pennsylvania that was the site of a famous labor dispute in the late 1800s that resulted in the shooting of several steelworkers and Pinkerton security personnel. The mill closed in 1986 and recently was demolished to build a shopping center. The developer rebuilt the smokestacks around the perimeter and also left the old steel press in place. The old steel press was the site of the shooting.
62 The Endangered Species Act What Happens if Your Project May Affect Endangered Species?If there is an environmental problem associated with your project, it is more likely to involve endangered species than any other environmental consideration. This portion of our presentation will give you an overview of the procedures that will take place if your project affects endangered species.
63 Endangered Species Act Protects federally listed threatened and endangered species and their designated critical habitats290 listed species in CaliforniaRequires FEMA to consult with US Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS)Requires designation of critical habitatThere are 290 federally threatened and endangered species in California and the list keeps growing. This is why, in California, the endangered species act has been our greatest environmental challenge in repairing damaged facilities, especially if your facility involves a water course. We are second to Hawaii in the number of endangered species. Hawaii has 312 threatened and endangered species.Designated critical habitat is habitat that is crucial to the survival of the species. Critical habitat is eventually designated for all listed species. Critical habitat receives the same treatment under the ESA. The Services have been behind schedule in designating them and several lawsuits have been filed that caused the Feds to vacate some of the critical habitats. These critical habitats are then redrawn.
64 To show you how much of California is designated critical habitat, we have maps from the California Farm Bureau’s website that shows the extent of critical habitats in the state. Some of these habitats have since been vacated, however some new ones have been added.Northern California
67 What is a “Take”?Unless permitted, it is unlawful to “take” any listed speciesHarassHarmPursueHuntUnder the ESA, it is unlawful to “take any endangered species. “Take” is defined as “ to harass, harm pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in such conduct”.The term “harm” includes significant habitat modification or degradation that results in death or injury in listed species by significantly impairing behavioral patters such as breeding, feeding or sheltering. Harass is defined as actions that created the likelihood of injury as listed species to such an extent as to significantly disrupt normal behavior patterns which include but are not limited to, breeding, feeding or sheltering.
68 What Types of “Takes” are Permitted Scientific take permitEnhance the survival of listed speciesIncidental take permitNot purposefullyWhen carrying out a lawful activityMay be issued after consultationThere are “takes” that are legal with a take permit. There are two types of take permits. A scientific take can be used for research purposes or sampling programs that will benefit the species.We are most concerned about incidental take permits, which is the taking of a listed fish or wildlife species that results from carrying out a lawful activity conducted by a federal agency or applicant.Our projects would fall under the category of incidental take
69 Consequences Of Illegal Take FinesCivil penaltiesPrison sentenceDe-obligationThe consequences that result from ESA violations are very severe. They can result in fines, civil penalties, and even prison sentences. You can also lose your funding as a result of ESA violations.It just isn’t worth it to take that risk.
70 Section 7 - Consultation Process to ensure that federal actions will not jeopardize listed species or critical habitatRequires federal agencies to consult with USFWS and NMFSConsultation may be “formal” or “Informal”Section 7 is the consultation process all federal agencies must follow if their actions could affect a listed species. This process requires federal agencies to consult with the USFWS and or NMFS. It also sets up a process that is either formal or informal I’m not going to spend much time on it now as we are going to review this process in greater detail later on.
71 Informal Consultation Process Request listed species and designated critical habitat in project area from USFWS or NMFSConsultation completed if no species presentIf species present, then Federal agency determines if the action “may affect”The first step in the process is that FEMA will request a list of threatened and endangered species in the general vicinity of the project.If no species are present then the consultation is concluded.If species are present, FEMA must determine if their actions may affect these species. If it is clear the project will not have an effect then the consultation is concluded.
72 Informal Consultation Process May include informal interaction, site visits and suggestions to alleviate adverse affectNo time frameThe informal consultation process can take place through letters, s, phone calls, or meetings.There is no specified time frame for the informal process.
73 Formal Consultation Process If action may affect species, formal consultation requiredFEMA prepares a biological assessment (BA) to determine the affect on species or critical habitatFEMA submits a written request for consultation and submits BAIf it is determined that species may be affected then FEMA will prepare a Biological Assessment or BA. When the BA is complete, FEMA will send a written request for a formal consultation and forward the BA to the Services.
74 Formal Consultation Process USFWS and/or NMFS has 90 days to consult with federal agency and applicantUSFWS or NMFS have 45 days to prepare biological opinionBiological opinion identifies project impact and “terms and conditions” to minimize impactNow we enter the formal consultation process. At this point the clock starts ticking. While there is no time frame on the formal consultation. USFWS and NMFS have 90 days to consult with the federal agency and applicant and an additional 45 days to prepare the biological opinion.The biological opinion is the services conclusion as to how the project will affect any threatened or endangered species in the area.When the biological opinion is prepared, it will identify the project impacts and establish terms and conditions for project to avoid or minimize impacts to species.
75 Formal Consultation Process FEMA incorporates findings of consultation and “terms and conditions” into environmental documentTerms and conditions become “incidental take permit”FEMA and applicant must abide by terms and conditionsFEMA will also be add these terms and conditions into the environmental document.These terms and conditions act as the incidental take permit.FEMA and the applicant must abide by these terms and conditions or face penalties, fines, jail time and/or deobligation.
76 Endangered Species Act Actual ProjectsNow we will show you some examples mitigation measures that we found environmental documents for real projects.
77 Soule Park Stream Bank Repairs Species – Southern Coastal SteelheadProtection MeasuresConstruction during dry seasonMinimize grading at base of slopeAvoid creek bedPrevent erosionPlant native plants on banksEroded banks were to be graded and replanted with native grasses to provide cover for frogs and to stabilize the banks. Typically for projects in waters, the construction is restricted to the dry season to try to preserve water quality. Equipment was kept out of the water for the same reason. Native vegetation was also planted to stabilize the bank and shade the watercourse.
78 East Bay Regional Park District Vegetation Management Projects Protection MeasuresPrescribed burns during wetter months of yearDrift fencing around slash pilesTraining sessions for contractors regarding snakeSpecies – Alameda WhipsnakeThese measures were used to protect the whipsnake. Drift fences were also used in this case to keep snakes out the slash piles so they wouldn’t be burned. Training sessions were held to increase contractor awareness about the snake.
79 East Bay Regional Park District Vegetation Management Projects Species - Callippe Silverspot ButterflyProtective MeasuresBurn only 1/5 of all grassland area for any given colony in one yearDelineate habitatConduct surveys before removing vegetationIn this case burning was limited in scope to allow locations for the butterfly to be able to breed and forage. Surveys were also conducted to try to avoid areas that contained butterflies.
80 East Bay Regional Park District Vegetation Management Projects Presidio clarkiaProtection MeasuresConduct surveys on project site and 500 foot bufferFence off plants with visible construction fencing
81 Surface Water Related Regulations Projects in wetlands, streams, lakes, and riparian habitatQuite often we will have projects that involve water courses, wetlands and riparian habitats. There are several different laws that apply to these types of projects. Sometimes multiple laws will be involved in the evaluation of water related environmental impacts. We will go over these laws in our next slides.
82 Rivers and Harbors Act of 1899 Structures in navigable watersImpacts to navigationAdministered by the Army Corps of Engineers
83 Clean Water Act Section 404 Administered by the Army Corps of EngineersWork below the high water mark in the waters of the United StatesThe Clean Water Act (Section 404) and the River and Harbors Act are two laws that are administered by the Army Corps. The Rivers and Harbors Act pertains to actions that effect navigation. We will focus our attention on Section 404 of the Clean Water Act because these are the permits we most often think of in relation to environmental issues.We will define navigable waters in a future slide.
84 Clean Water Act Section 404 Requires approval prior to discharging dredged or fill material into wetlands or the waters of the United StatesWetlands defined as having hydric soils, hydrophitic vegetation, and wetland hydrologyThe type of work affected includes work on bridge footings, stream bank stabilization projects, levee repairs and other projects that take place below the high water mark in streams, rivers, and lakes.The Army Corps of Engineers has a specific definition of wetlands which include specific soils, vegetation, and hydrologic conditions. All three factors must be present for an area to be considered a wetland under their definition.
85 Waters of the United States Includes essentially all surface waters such as all navigable waters and their tributaries, all interstate waters and their tributaries, all wetlands adjacent to these waters, and all impoundments of these watersThe definition of the waters of the United States is very broad and essentially covers every stream and river that flows either intermittently or perennially. It can even apply to ephemeral streams that only flow during a rainfall events. It also includes other wetlands that are adjacent to the Waters of the United States.
86 Examples of WetlandsVernal pools and tidal marshes can present themselves as either wet or dry. It is important to understand this because wetlands can be difficult to identify. It does not have to be wet at all times of the year, just long enough to support wetland soils and plants.
87 Typical Activities Requiring Permits Under Section 404 Types of actions include repair/maintenance of:bridgesleveesdamsstream bank stabilizationrepair/maintenance of flood control facilitiesplacement of road fillsThese are common actions that will be funded after a disaster that will be affected by the Clean Water Act.
88 Types of Army Corps Permits GeneralNationwideRegionalStandard or individualThese two types of 404 permits. The general permit and the standard or individual permit. The general permits are a much simpler process while the standard or individual permits are more complex and time consuming. In the next slide, we will discuss these permits in more detail
89 Nationwide PermitsActivities that don’t generally have significant impactsUsually limited by size and scopeWill have general conditions that need to be met44 nationwide permitsOf the general permits, the nationwide is the most common and widely used. These are issued for projects that don’t create significant environmental impacts. They are limited to projects that have a smaller scope and size. When these permits are issued, they will have general conditions that need to be met. They will require compliance with the ESA, NHPA and all other environmental laws and will dictate how you handle and place fill and use your equipment.Altogether there are 44 Nationwide permits which are identified by type of activity.The environmental directory will take you to links to the permitting sites for each district in California.
90 Common Nationwide Permits for OES Projects NWP 12 – utility line repairNWP 13 – stream bank stabilizationNWP 14 – linear transportation crossingsNWP 31 – maintenance of existing flood control facilitiesThese are examples of common nationwide permits that we commonly encounter. Utility lines can be damaged by mudslides, earthquakes or floods and quite often must cross rivers and streams. Roads wash out during floods and slides that follow the alignment of the roadway. Many roads cross the stream over a culvert or there may be a low water crossing.
91 Regional PermitsIssued by District for a class or classes of activities that have minimal impacts individually or cumulativelySometimes an agency will have several projects that have a similar scope. For example a flood control district may be planning to repair several levees, or a county may have 10 culverts that need permits. The county could approach the Army Corps to obtain a regional permit for those activities. That way, the applicant does not have to repeatedly contact the Army Corp every time they repair a culvert.
92 Examples of Regional Permits Maintain and repair levees in the Sonoma County by Southern Sonoma County Reclamation and Conservation DistrictEmergency PermitsRegional Permit No. 5 - San Francisco (expired)Regional Permit No 60 – SacramentoRegional Permit No. 63 – Los AngelesThese are examples of regional permits that have been issued in the past. As we mentioned in the previous slides, an applicant can have several similar projects such as these levee repairs in Sonoma County.Most importantly each district has an emergency permit that can be helpful in emergency response situations. The advantage is that often these permits will have blanket water quality certification to comply the Section 401 of the clean water act (we will discuss later)The San Francisco District permit no. 5 is listed as expired on the district website but I expect it will be re-issued at a later date.Be aware that the Army Corps expects some kind notification when doing work under these permits. Make sure you contact them by phone, before you commence any activity in the water that requires an Army Corps permit during an emergency.
93 Standard or Individual Permits Projects that exceed limits for general permits or whose project type does not fall under the NWP programMore time for reviewPublic notice is requiredAlthough most projects will fall under the Nationwide permit program, sometimes there will be a project that will require an individual permit. These projects will affect a larger area of wetlands. It varies per nationwide permit. If the project disturbs more acreage than is required for the nationwide permit then an individual permit will be required. Make sure you discuss these issues with the Corps if you are planning an action.These projects will take more time to review because they will require a public notice and have a review period for the public to comment.
94 Two Important Points About Army Corps Permits Most disaster repair projects fall under the nationwide permit programPermits are the responsibility of the applicantTwo important points you must remember is that most disaster repair projects are likely to be regulated under the nationwide permit program and that you, the applicant, have the responsibility to obtain and comply with these permits. If you do not do this, you could lose your grant funds.Use example about recent applicant in southern California.The applicant proceeded with a project without an army corps permit. The Army Corps requested that FEMA and OES inform the applicant to immediately stop construction. The Corps was planning to get a cease and desist order if the applicant did not comply.
95 Clean Water Act Section 401 Water Quality Certification or WaiverAssures that projects permitted by the US Army Corps of Engineers meets state water quality standardsAs I briefly mentioned in a previous slide, the projects permitted by the Army Corps must meet water quality standards for the State in which it is issued. You must obtain a water quality certification or waiver.
96 Regional Water Quality Control Boards Responsible for administering Section 401 of the Clean Water ActMust have Water Quality Certification before Army Corps can issue a permitWater quality standards vary by basinIn California, the Water Quality Certification or Waiver is issued by the Regional Water Quality Control Boards. You must receive this certification before the Army Corps can issue your permit. Many projects have been delayed while waiting for this to occur. In California, water quality standards vary by basin, so it is important to know which Regional Board is responsible for your area. Consult our environmental directory for a map of the Regional Boards’ jurisdiction.You must have this certification or waiver before you can begin construction on your project.
97 Section 1601 of the CA Fish and Game Code Must notify California Department of Fish and Game (DFG) for any work planned in lakes and streamsA Lake or Streambed Alteration Agreement may be required if DFG determines there are impactsDFG “culvert criteria for fish passage”Another law that may apply if you are working in a stream, lake or riparian habitat is Section 1601 of the California Fish and Game code which requires public agencies to obtain a streambed alteration agreement if your project will impact lakes, rivers or riparian habitat. While the Army Corps is interested in projects below the high water mark, the Department of Fish and Game is also interested in riparian habitat above the high water mark.If you are subject to a streambed alteration agreement you must have it signed before you start construction on your project.If you have a project that involves a damaged culvert you can streamline the permitting process if you follow the regulations within the DFG culvert criteria manual. This will streamline your permitting process.
98 Executive Order 11990 Protection of Wetlands and Executive Order 11988 Floodplain Management Requires federal agencies to avoid an undertaking or provide financial assistance for constructionWhen located within wetlands or floodplain unless a finding is made that there is no practicable alternativeWe discuss the two executive orders EO and together because compliance requires the same process. In general, FEMA cannot fund an action in a wetland or floodplain unless it is the only practicable alternative.
99 Executive Order 11988 Floodplain Management 100 and 500 year floodplainShown on FIRM maps (flood insurance rate map)Eight Step ProcessWe will discuss floodplain management in more detail because it has some specific definitions and criteria that we need to explain.The executive order applies to both the 100 year and the 500 year floodplain and we will provide some definitions in the next slide.The floodzones that are subject to the executive order are the floodplains shown on the FIRM maps.If FEMA is going to fund a project in the floodzone then FEMA will have to evaluation the project using an 8 step process which we will explain in future slide.
100 100 - Year FloodplainLowland and relatively flat areas adjoining inland and coastal watersOne percent or greater chance of flooding in any given yearThe 100 year flood plain is a lowland that is relatively flat that adjoins rivers, streams or coastal waters.The 100-year floodplain has a one percent or greater chance of flooding in any given year.
101 500 – Year FloodplainSubject to inundation from a flood having a 0.2 percent chance of occurring in any given yearThe 500 year flood plain has a 0.2 chance of flooding during any given year. The risk is lower than 100-year flood plain.
102 This an example of a flood plain map using GIS or geographic information systems as a tool. You can see the 100-year floodplain in dark blue and the 500-year floodplain is in light blue.
103 Thresholds for 8 Step Process (Floodplains only) 100-year floodplain500-year floodplain (critical action)Critical actionsHospitalsNursing homesFire stationsEmergency operation centersData centersAny federally funded facility that is placed in the 100 year floodplain will be subject to the executive order.Critical actions in the 500-year floodplain will be subject to the executive order.Critical actions are actions for which even the slighted chances of flooding is too great.Critical actions involve facilities that are more difficult to evacuate or play an important role in emergency management. Some examples would include hospitals, nursing homes, and data centers, fire stations, and emergency operation centers.
104 8 - Step Process For Floodplain Management and Wetland Protection 1. Project Location in Floodplain/Wetland2. Encourage Public Involvement3. Evaluate Alternatives4. Assess Impacts5. Minimize Impacts6. Determine Practicability7. Provide Public Comment8. Comply with Executive OrdersThese are the 8 steps well will discuss in more detail in the next slides
105 The Eight-Step Process Will the action be located in a wetland and/or the floodplain or will it have the potential to affect a wetland or floodplainCheck Flood Insurance Rate Map (FIRM)If no, you are finishedDetermine whether the project is located in a wetland or 100-year floodplain (or a 500-year floodplain for critical facilities).If the project is not in the floodplain the review is complete.
106 The Eight-Step Process If yes, ...A public notice must be published at the earliest possible time to provide information about the proposed project (1st Notice)Disaster-wideProject specificIf yes, you must publish a public notice at the earliest possible time. The notice can be disaster-wide for small culvert and similar repair activities or project specific for larger more complicated projects.
107 The Eight-Step Process Is there any reasonable alternative to locating the project in a floodplain or wetland?If yes, ...FEMA cannot locate the action in the floodplain or wetlandIf there is a reasonable alternative to locating the project in a floodplain then FEMA cannot fund the project.
108 The Eight-Step Process Steps 4 & 5If the action must go in a wetland or floodplain then the full range of impacts associated with action must be identifiedAll potential adverse impacts must be avoided, minimized, or compensated forFEMA must assess the impacts associated with a project in a floodplain or wetland and find ways to minimize the adverse effects from such projects.FEMA must take into consideration potential environmental impacts and in terms of its practicability to hazard reduction and wetlands protection.
109 The Eight-Step Process Steps 6, 7 & 8FEMA re-evaluates the project to determine if it is still practicable in light of its impact on floodplains and wetlandsIf project will be funded, a 2nd public notice must be published to explain why the action is the only alternativeFEMA must document processFEMA must re-evaluate the project to determine if they should fund the project after evaluating the effects it may have on flood hazards and wetland habitats.If FEMA determines that locating a project within a floodplain or wetland is the only practicable alternative, define the mitigation needed to minimize impacts and provide this information to the public through a 2nd public notice.The process is documented by discussing the steps in the NEPA document prepared for the project.
111 Clean Air Act (CAA)Requires protection and enhancement of the nation’s air resourcesAdministered by Air Resources Board and various regional, county, and local air districtsAt times disaster recovery projects will become subject to the clean air act. The Clean Air Act is administered by state and local air quality agencies. Check with our environmental directory to find more information about how you might be impacted and who your contacts might be.
112 Where the CAA Applies Demolition of properties Replacement of combustion systemsConstruction dustPower generatorsPrimarily, we become involved with the Clean Air Act in the demolition of structures that can’t be saved, the replacement of combustion systems, and the operation and installation of generators. In addition grading activities and road repairs tend to generate dust which is subject to the Clean Air Act.Power generators that are stationary must be permitted. Those that are rented or that are mobile and move from place to place must have a Portable Source Certificate which can be obtained online.
113 Executive Order 12898 Environmental Justice Requires that minority and low income groups receive fair treatment when considering federal actionsIssue for property buyoutsFEMA website on environmental justiceAnother executive order that applies to the use of federal funds is EO or Environmental Justice. This executive order requires that minority and low income groups receive fair treatment when federal actions are considered. This can be an issue for buyouts of properties in floodplains.
114 California Environmental Quality Act: CEQA Goals Identify the significant environmental effects of their actions; and, eitherAvoid those significant environmental effects, where feasibleMitigate those significant environmental effects, where feasibleThese are the three goals of CEQA. It requires public agencies to:Identify the significant environmental effects of their actions; and, eitherAvoid those significant environmental effects, where feasibleMitigate those significant environmental effects, where feasibleNotice the use of the word “feasible”, it may not be possible to mitigate all adverse impacts.
115 Implementing CEQACEQA process must be complete before constructing projectsLead agency has full responsibility for complianceNon-compliance could result in the loss of fundingMost of us who participate in the approval of large construction projects in California are aware of CEQA.The CEQA process must be followed before you can begin your project.You, as the lead agency, will be solely responsible for its implementation and compliance.Not complying with CEQA can jeopardize your funding.
116 CEQA Compliance Statutory Exemption Categorical Exemption Approved by legislatureCategorical ExemptionApproved by Sec. of ResourcesNegative DeclarationEnvironmental Impact Report (EIR)There are basically four ways to comply with CEQA. The statutory exemption, categorical exemption, a negative declaration, or and EIR. We will explain each one.
117 CEQA STATEX Examples Emergency Exemption Maintain, restore, replace, or demolish property damaged in an area stricken by disaster that is proclaimed by the governorEmergency repairs to private or public service facilities necessary to maintain service essential to the publicMany projects which OES funds will be exempt from CEQA because of an exemption, approved by the legislature, that can be applied to facilities damaged in a disaster. These are the two common statutory exemptions in disaster recovery.The first example involves the in-kind replacement or restoration of facilities damaged in a state or federal disaster.The second examples are emergency repairs to maintain service essential to the public. An example would include repairs to the water treatment plant to restore the water supply or repairs to the electrical grid to restore power.
118 CEQA STATEX Examples (Continued) Emergency ExemptionSeismic work on bridgesActions to mitigate or prevent an emergencyRepair, maintain or restore existing highways damaged by fire, flood, storm, earthquake or land subsidence and landslide if initiated within one year of eventMore examples of statutory exemptions include seismic work on bridges, actions to prevent emergencies (ie. sandbagging), or repairing and restoring highways within one year of the event.If it affects historic resources this exemption would not apply to your project.
119 CEQA CATEX Examples Historical resource restoration and rehabilitation Replacement or reconstruction of facilitiesMinor alterations to landAnother type of CEQA exemption are categorical exemptions. These exemptions involve classes of projects that do not normally have any significant environmental impacts. These exemptions are approved by the Secretary of Resources. These are examples of categorical exemptions that may apply to disaster recovery projects.
120 Neg Decs and EIRsNegative declarations are prepared when an exemption cannot be applied but the project will not result in adverse impactsEIRs are prepared when projects may or will have adverse impactsApplicant is responsible
122 Permitting Most projects will require some kind of permit A project may require both state and federal permitsLocal permits may also be requiredIt is the applicant’s responsibility
123 10 Permit Approval Tips Have a positive non-adversarial attitude Pay attention to detailsBe willing to negotiateWhen in doubt, ASK!Get everything in writingConsult earlyKnow the playersLearn the rulesCarefully design project to reduce impactsHave detailed written descriptions and drawingsConsult early Planning should begin as early as possible in the process Most public agencies have some idea of what kind of environmental issues are present in their project. Talk to the regulators early so you can incorporate mitigation into your project.Know the players. Know who the regulators are and how they function.Learn the rules As we have told you before, take time to learn the rules of those agencies that will approve your projectCarefully design project Evaluate alternatives before making a choice. You may be able to select an alternative that will reduce environmental costs and get you through the process faster. Because FEMA will want to look at more than one alternative this is a logical action. Look at potential environmental impacts prior to design.Have detailed written descriptions and drawings Have maps and detailed descriptions before you meet with permitting agenciesHave a positive non-adversarial attitude Resistance is futile. It is counter productive to resist the permit process. Although the squeaky wheel gets the grease, be polite.Pay attention to detail Pay attention to details. Follow the rules and response quickly to requests for information.Be willing to negotiate. The main concern is protecting the environment. Be willing to give something up to get your project approved.When in doubt, ASK! If your not sure if you need a permit ask before doing any work Going ahead without permits will cost you time, money and you may lose your federal funds. The excuse of “I didn’t know” won’t excuse you from an enforcement action or deobligation. It doesn’t take very much time or expense to pick up the phone. Ignoring environmental issues don’t make them go away.Get everything in writing Document everything so that you have proof of all of your compliance activities.Request that the agencies put everything in writing . This will prevent misunderstandings.
124 When Can You Construct Your Project? NEPA complianceCATEX, FONSI, or ROD signedAll other environmental laws and executive orders have been complied withAll permits have been securedAuthorization from OESDon’t start construction until all of these procedures are complete, including permits.The CATEX, FONSI or ROD must be signed by the REO.Remember that you are still responsible for complying with all other environmental laws.You are also responsible for having all of the necessary permits.
125 Who to Call Dennis Castrillo 916-845-8270 Mary Ann Hadden 916-845-8269 OES Environmental OfficerMary Ann HaddenAssociate Environmental PlannerWendy BoemeckeStaff Services Analyst