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Environmental Compliance Negotiating our way through the process…

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Presentation on theme: "Environmental Compliance Negotiating our way through the process…"— Presentation transcript:

1 Environmental Compliance Negotiating our way through the process…

2 Overview of Environmental Process for this Project NEPA Corps of Engineer’s CWA (404 permit) Section 106 of the National Historic Preservation Act Compliance Tribal Consultation Section 7 Consultation Other Criteria

3 NEPA Analysis Will this project have a significant impact on the Human environment? Site specific Environmental Evaluations Supplement existing State CREP Environmental Assessments

4 Corps of Engineers 404 Permit Expand Regional Permit 34 Special conditions needed to comply with Regional Permit 34: Section 106 of the National Historic Preservation Act Compliance State Historic Preservation Officer (SHPO) Consultation Tribal Consultation Section 7 of the Endangered Species Act Compliance

5 Section 106-SHPO Consultation Consult with SHPO to determine if Historic Properties may be affected FSA makes a finding of No Historic Properties Affected or Historic Properties Affected If SHPO concurs with FSA No Historic Properties Affected; time frame is up to 30 days If SHPO does not concur with FSA or if FSA determines there are historic properties that are likely to be affected, additional consultation is required - time frame at least 30 days, could be much more

6 Section 106-Tribal Consultation - if the project is on Tribal lands We must also consult with Tribes that attach religious and cultural significance to historic properties whether they are on or off tribal lands (i.e., ancestral or ceded lands) may take much more then 30 days, if on Tribal lands (Tribal governments may not follow the 30 day time frame) You also must consult with the SHPO at the same time with the typical time frame of 30 days+

7 Section 7 Informal Consultation Is threatened and/or endangered species and/or critical habitat present? FSA requests or prepares list threatened and/or endangered in project area and sends to USFWS USFWS either concurs with FSA list or supplies list to FSA - 30 day response time USFWS determines: No species and/or critical habitat present - end consultation Yes, Options: Further Consultation with FWS: USFWS issues no effect determination - time frame unknown FSA Prepares Biological Assessment 180 days to prepare FWS has 30 days to respond to assessment

8 Section 7-Formal Consultation FSA requests initiation of formal consultation Once clock starts, FWS in consultation with FSA formulates a Biological Opinion and incidental take statement - 90 day time frame FSA reviews draft biological opinion- comments and then FWS delivers final biological opinion and incidental take statement - 45 days

9 Other Regional 34 Permit Criteria Additional state specific environmental compliance criteria such as; specific design criteria or other State permits depending on type of project implemented and proximity to streams, etc. State regulatory requirements can be done concurrently with the NEPA and consultation processes

10 Success through collaboration Lessons learned from Iowa Develop MOUs, state level agreements, or other mechanisms to facilitate intra- agency cooperation Start the NEPA process early to aid decision-makers National impact through local actions

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