Post on 16-Dec-2015
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WELCOMEWELCOME
MAP “TUNE-UP” MAP “TUNE-UP” WORKSHOPWORKSHOP
September 19-20, 2007September 19-20, 2007
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Coastal ZonesCoastal Zones
• Designated by CZM State Agency
• Applies to:▪ New construction
▪ Conversion of land use
▪ Major Rehabilitation
▪ Acquisition of undeveloped land
COASTAL ZONECOASTAL ZONEMANAGEMENT ACTMANAGEMENT ACT
●ANY ACTIVITY PROPOSED IN A COASTAL ZONE MUST BE CONSISTENT WITH AN APPROVED COASTAL ZONE MANAGEMENT PLAN.
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Coastal Zone Coastal Zone Management ActManagement Act
Coastal Zone Coastal Zone Management ActManagement Act
Is the site in CZM? Check with CZM Agency
If yes: Project Consistent with CZM
Plan? Obtain “letter of Consistency”
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COASTAL ZONE MANAGEMENT COASTAL ZONE MANAGEMENT PLANPLAN
• Beaufort
• Bertie• Brunswick• Camden• Carteret• Chowan• Craven• Currituck• Dare• Gates
SC COUNTIES
•Beaufort
•Berkeley
•Charleston
•Colleton
•Dorchester
•Georgetown
•Horry
•Jasper
The SC Coastal Management Program. Lead agency is the Office of Ocean and Coastal Resource Management Division (OCRM) within the SC Department of Health and Environmental Control.
•Hertford•Hyde•New Hanover•Onslow•Pamlico•Pasquotank•Pender•Perquimans•Tyrell•Washington
NC Counties
The NC Coastal Management Program. Lead agency is the Division of Coastal Management within the NC Department of Environmental and Natural Resources.
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Coastal BarriersCoastal BarriersCoastal Barrier Resources Coastal Barrier Resources
ActAct
Coastal BarriersCoastal BarriersCoastal Barrier Resources Coastal Barrier Resources
ActActProhibits Federal funding for projects in coastal barriers.
Consult DOI Maps
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Coastal Barrier ResourcesCoastal Barrier Resources
Designated by: US Fish and Wildlife Coastal Barrier Maps and FEMA
Maps
Administered by: NOAA with local CZM Agencies
Covers: Gulf of Mexico Atlantic Great Lakes
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Executive Order 11988 Executive Order 11988 Required:Required:
Executive Order 11988 Executive Order 11988 Required:Required:
Federal Agencies to :
• avoid development in the Floodplain
• develop regulations (24 CFR Part 55)
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Floodplain ManagementFloodplain ManagementPurpose:Purpose:
Floodplain ManagementFloodplain ManagementPurpose:Purpose:
Federal Agencies should:
• avoid development in FP
• avoid adverse effect to FP
• study alternatives to project
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The BasicsThe Basics
The Firm Commitment cannot
be issued prior to the completion of
environmental process
FLOODPLAINFLOODPLAIN
•REJECT IF IN FLOOD WAY OR COASTAL HIGH AREA.
•LOWEST FINISHED FLOOR ELEVATION WILL HAVE TO BE OUT OF THE 100 YEAR FLOODPLAIN.COULD BE COSTLY!
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HUD’s Floodplain ManagementHUD’s Floodplain Management 24 CFR Part 5524 CFR Part 55HUD’s Floodplain ManagementHUD’s Floodplain Management 24 CFR Part 5524 CFR Part 55
Incidental to Incidental to The siteThe site
AREAWIDE COMPLIANCEAREAWIDE COMPLIANCE
•CHARLESTON, BERKELEY, AND DORCHESTER COUNTIES ARE COVERED UNDER THE AREAWIDE COMPLIANCE PROCESS. THIS MEANS THERE IS NO OTHER PRACTICAL ALTERNATIVE EXCEPT
•DEVELOP IN THE FLOODPLAINS.
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AlternativesAlternatives•Redesign
Existing Site
•New Site
•Obtain LOMA or LOMR
•Conduct 8 step to study alternatives
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The 8-Step Process The 8-Step Process Step 1Step 1
The 8-Step Process The 8-Step Process Step 1Step 1
● Is the site in the 100 yr Floodplain
● IF no, to building or construction▪ Photo Copy FIRM Map and panel
▪ Mark the site
▪ Use to document the ER
● (24 CFR Part 55.12(b)(6))● create covenant or Restriction
& drainage plan● Proceed with project
floodplainfloodplain
StructureStructure
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The 8-Step ProcessThe 8-Step Process Step 1Step 1
The 8-Step ProcessThe 8-Step Process Step 1Step 1
• Is the site in the 100 yr Floodplain?
• site? building? both?
• IF yes to buildingor both:
• Continue to Step Two
floodplainfloodplain
StructureStructure
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Step 2 Early Public NoticeStep 2 Early Public NoticeStep 2 Early Public NoticeStep 2 Early Public Notice
• allow 15 DAY comment period• shall state
▪ The name of the project
▪ Proposed location
▪ Describe the activity
▪ Amount of property in the FP
▪ Location of the environmental record
▪ Name the Official to send comment to
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Step 3 Evaluate AlternativesStep 3 Evaluate AlternativesStep 3 Evaluate AlternativesStep 3 Evaluate Alternatives
• What are the alternatives?
▪ Alternative sites?
natural conditions social demands/needs economic cost legal limitation
▪ Alternative methods to achieve project goals
▪ A “no project” alternative
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Step 4 Identify ImpactsStep 4 Identify ImpactsStep 4 Identify ImpactsStep 4 Identify Impacts
•impact to the floodplain•impact to people and property
Types of impact:
▪ Positive and Negative
▪ Concentrated and Dispersed
▪ Short and long term
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Step 5 Minimize Restore and Step 5 Minimize Restore and PreservePreserve
Step 5 Minimize Restore and Step 5 Minimize Restore and PreservePreserve
• minimize harm to lives and property limit fill of floodplain minimize grading relocate non-conforming structures
preserve natural drainage maintain buffers use detention ponds minimize tree cutting
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Step 6 Reevaluate the Step 6 Reevaluate the ProjectProject
Step 6 Reevaluate the Step 6 Reevaluate the ProjectProject
• is project still feasible considering:exposure to floodspotential to increase hazardsnew information gathered in step 4 and
5
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Step 7 Publish the Final Step 7 Publish the Final NoticeNotice
Step 7 Publish the Final Step 7 Publish the Final NoticeNotice
• If it is determined there is no alternative:
Publish Final Notice• justify location in Floodplain
• list alternatives considered
• list all mitigation measures
• WAIT seven days
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Step 8 Implement the Step 8 Implement the projectproject
Step 8 Implement the Step 8 Implement the projectproject
• HUD Program Staff Must:
continue to monitor and ensure mitigation measures are implemented
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HUD’s 8-step Decision-Making HUD’s 8-step Decision-Making Process for Floodplains and Process for Floodplains and
WetlandsWetlands1. Is the site in a floodplain?
2. Serve public notice
3. Review alternatives: accept project as submitted, accept with modifications as dictated by HUD, or reject.
4. Consider impacts
5. Consider mitigation of impacts
6. Reconsider alternatives
7. Serve 2nd public notice with decision to proceed
8. Approval of firm commitment
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Resolve Issues at Pre-application Resolve Issues at Pre-application StageStage
FLOODPLAINS•If any part of the site or integral offsite development is located within the 100-year floodplain according to the applicable FEMA map, this should be discussed with HUD at the pre-application stage
•New construction in mapped 100-year floodplains is strongly discouraged
•Proposed rehabilitation, refinancing, or new construction for facilities housing or serving mobility-impaired individuals in mapped 500-year floodplains is strongly discouraged
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Resolve Issues at Pre-application Resolve Issues at Pre-application StageStage
FLOODPLAINS
•Any existing building accepted for mortgage insurance which is located within a FEMA mapped floodplain is required to carry floor insurance:
•In the amount of the loan For the term of the loan
Subject to available maximum coverage
•ALL leases must contain Acknowledgements signed by tenants indicating that they have been advised that:
The property is in the floodplain, and
Flood insurance is available for their personal property
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Flood InsuranceFlood Insurance
Purchase of Flood Purchase of Flood Insurance is Insurance is
mandatorymandatory for for properties properties
assisted with HUD assisted with HUD funds & located in funds & located in the Special Flood the Special Flood
Hazard Area Hazard Area (SFHA) 100 year (SFHA) 100 year
flood plainflood plain
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Flood Insurance Flood Insurance How Much – How long?How Much – How long?
Grants:
• Life of the property Even if title is transferred
• Amount of the project cost
Loans:
• Life of the Loan
• Amount of the Loan
FLOOD DISASTER FLOOD DISASTER PROTECTION ACTPROTECTION ACT
•COMMUNITY MUST PARTICIPATE IN NATIONAL FLOOD INSURANCE PROGRAM.
•FLOOD INSURANCE OBTAINED AS CONDITION.
•AVOID SITE WITH FLOODPLAINS AND WETLANDS.
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Protection of Wetlands EO Protection of Wetlands EO 1199011990
Protection of Wetlands EO Protection of Wetlands EO 1199011990
Required Federal Agencies to develop regulations to avoid :
destruction /modification of wetlands
long and short term adverse impacts
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Protection of Protection of Wetlands Purpose:Wetlands Purpose:
Protection of Protection of Wetlands Purpose:Wetlands Purpose:
• Federal Agencies should: avoid long and short term
impacts (destruction and /or modification of wetlands)
avoid support of construction in wetland
requires 8-step process
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Requires Federal Agencies to avoid assistance for New Construction in Wetland Unless: 8-step process completed:
there is no alternative, minimize harm to wetland, consider economic &
environmental impact
Protection of Wetlands EO Protection of Wetlands EO 1199011990
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24 CFR Part 5524 CFR Part 55Currently Only Covers Currently Only Covers
Flood PlainFlood Plain
24 CFR Part 5524 CFR Part 55Currently Only Covers Currently Only Covers
Flood PlainFlood Plain
• HUD’s wetlands regulation
• similar to Floodplain regulation
• requires 8-step process
• can be conducted jointly for Floodplain and Wetland
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Protection of WetlandsProtection of WetlandsLimitsLimits
Protection of WetlandsProtection of WetlandsLimitsLimits
• EO 11990 is NOT Corps of Engineers Section 404 permitting required by the Clean Water Act
• National Wetlands Inventory Map (published by US fish and wildlife)
WETLANDSWETLANDS
• MUST NOTIFY U.S. ARMY CORPS OF ENGINEERS FOR WETLAND DELINEATION. ONLY THE CORPS CAN MAKE FINAL DECISION.
• CONSULTANTS MAY DO WORK, BUT CORPS MUST ACCEPT THEIR WORK.
• WETLANDS ARE DISTINGUISHED BY WATER, VEGETATION, AND SOIL CONDITIONS.