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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 ZONE MANAGEMENT ACT.

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welcome

WELCOME

MAP “TUNE-UP” WORKSHOP

September 19-20, 2007

coastal zones
Coastal Zones
  • Designated by CZM State Agency
  • Applies to:
      • New construction
      • Conversion of land use
      • Major Rehabilitation
      • Acquisition of undeveloped land
coastal zone management act
COASTAL ZONEMANAGEMENT ACT
  • ANY ACTIVITY PROPOSED IN A COASTAL ZONE MUST BE CONSISTENT WITH AN APPROVED COASTAL ZONE MANAGEMENT PLAN.
coastal zone management act1
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
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 barriers coastal barrier resources act
Coastal BarriersCoastal Barrier Resources Act

Prohibits Federal funding for projects in coastal barriers.

Consult DOI Maps

coastal barrier resources
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
Executive Order 11988 Required:

Federal Agencies to :

  • avoid development in the Floodplain
  • develop regulations

(24 CFR Part 55)

floodplain management purpose
Floodplain ManagementPurpose:

Federal Agencies should:

  • avoid development in FP
  • avoid adverse effect to FP
  • study alternatives to project
the basics
The Basics

The Firm Commitment cannot be issued prior to the completion of environmental process

floodplain
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!
areawide compliance
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
Alternatives
  • Redesign Existing Site
  • New Site
  • Obtain LOMA or LOMR
  • Conduct 8 step to study alternatives
the 8 step process step 1
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 process step 11
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
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
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
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
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
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
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
Step 8 Implement the project
  • HUD Program Staff Must:
    • continue to monitor and
    • ensure mitigation measures are implemented
hud s 8 step decision making process for floodplains and wetlands
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
resolve issues at pre application stage
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
resolve issues at pre application stage1
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
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
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
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
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
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
slide36
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 55 currently only covers flood plain
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 wetlands limits
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
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.
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