11

WELCOMEWELCOME

MAP “TUNE-UP” MAP “TUNE-UP” WORKSHOPWORKSHOP

September 19-20, 2007September 19-20, 2007

22

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.

44

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”

55

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.

66

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

77

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

88

Floodplain Floodplain 24 CFR Part 5524 CFR Part 55

99

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)

1010

Floodplain ManagementFloodplain ManagementPurpose:Purpose:

Floodplain ManagementFloodplain ManagementPurpose:Purpose:

Federal Agencies should:

• avoid development in FP

• avoid adverse effect to FP

• study alternatives to project

1111

Why?Why?

1212

1313

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!

1515

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.

1717

AlternativesAlternatives•Redesign

Existing Site

•New Site

•Obtain LOMA or LOMR

•Conduct 8 step to study alternatives

1818

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

1919

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

2020

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

2121

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

2222

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

2323

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

2424

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

2525

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

2626

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

2727

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

2828

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

2929

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

3030

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

3131

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.

3333

WetlandsWetlands ProtectionProtection

3434

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

3535

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

3636

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

3737

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

3838

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.

4040

The EndThe End

4141