WELCOME MAP “TUNE-UP” WORKSHOP September 19-20, 2007
Coastal Zones • Designated by CZM State Agency • Applies to: • New construction • Conversion of land use • Major Rehabilitation • Acquisition of undeveloped land
COASTAL ZONEMANAGEMENT ACT • ANY ACTIVITY PROPOSED IN A COASTAL ZONE MUST BE CONSISTENT WITH AN APPROVED COASTAL ZONE MANAGEMENT PLAN.
Coastal Zone Management Act Is the site in CZM? • Check with CZM Agency If yes: • Project Consistent with CZM Plan? • Obtain “letter of Consistency”
COASTAL ZONE MANAGEMENT PLAN NC Counties • 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 • Beaufort • Bertie • Brunswick • Camden • Carteret • Chowan • Craven • Currituck • Dare • Gates The NC Coastal Management Program. Lead agency is the Division of Coastal Management within the NC Department of Environmental and Natural Resources.
Coastal BarriersCoastal Barrier Resources Act Prohibits Federal funding for projects in coastal barriers. Consult DOI Maps
Coastal 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
Executive Order 11988 Required: Federal Agencies to : • avoid development in the Floodplain • develop regulations (24 CFR Part 55)
Floodplain ManagementPurpose: Federal Agencies should: • avoid development in FP • avoid adverse effect to FP • study alternatives to project
The Basics The Firm Commitment cannot be issued prior to the completion of environmental process
FLOODPLAIN • REJECT IF IN FLOOD WAY OR COASTAL HIGH AREA. • LOWEST FINISHED FLOOR ELEVATION WILL HAVE TO BE OUTOF THE 100 YEAR FLOODPLAIN.COULD BE COSTLY!
HUD’s Floodplain Management24 CFR Part 55 Incidental to The site
AREAWIDE 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.
Alternatives • Redesign Existing Site • New Site • Obtain LOMA or LOMR • Conduct 8 step to study alternatives
The 8-Step Process Step 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 floodplain Structure
The 8-Step ProcessStep 1 • Is the site in the 100 yr Floodplain? • site? building? both? • IF yes to building or both: • Continue to Step Two floodplain Structure
Step 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
Step 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
Step 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
Step 5 Minimize Restore and Preserve • 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
Step 6 Reevaluate the Project • is project still feasible considering: • exposure to floods • potential to increase hazards • new information gathered in step 4 and 5
Step 7 Publish the Final Notice • 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
Step 8 Implement the project • HUD Program Staff Must: • continue to monitor and • ensure mitigation measures are implemented
Is the site in a floodplain? Serve public notice Review alternatives: accept project as submitted, accept with modifications as dictated by HUD, or reject. Consider impacts Consider mitigation of impacts Reconsider alternatives Serve 2nd public notice with decision to proceed Approval of firm commitment HUD’s 8-step Decision-Making Process for Floodplains and Wetlands
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 Resolve Issues at Pre-application Stage
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 Resolve Issues at Pre-application Stage
Flood Insurance Purchase of Flood Insurance is mandatory for properties assisted with HUD funds & located in the Special Flood Hazard Area (SFHA) 100 year flood plain
Flood Insurance 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 PROTECTION ACT • COMMUNITY MUST PARTICIPATE IN NATIONAL FLOOD INSURANCEPROGRAM. • FLOOD INSURANCE OBTAINED AS CONDITION. • AVOID SITE WITH FLOODPLAINS AND WETLANDS.
Protection of Wetlands EO 11990 Required Federal Agencies to develop regulations to avoid : • destruction /modification of wetlands • long and short term adverse impacts
Protection of 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
Protection of Wetlands EO 11990 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
24 CFR Part 55Currently Only Covers Flood Plain • HUD’s wetlands regulation • similar to Floodplain regulation • requires 8-step process • can be conducted jointly for Floodplain and Wetland
Protection of WetlandsLimits • 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)
WETLANDS • 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.