# Presentation: 237419

## 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

**Notes:**
This only applies to: read the list

## COASTAL ZONEMANAGEMENT ACT

**ANY ACTIVITY PROPOSED IN A COASTAL ZONE MUST BE CONSISTENT WITH AN APPROVED COASTAL ZONE MANAGEMENT PLAN.**

## Coastal Zone Management Act

**Coastal Zone Management Act**

**	****Is the site in CZM?**
**  ****Check with CZM Agency**
**	****If yes:**
**  ****Project Consistent with CZM Plan?**
**  ****Obtain “letter of Consistency”**

**Notes:**
If the site is near the coast have the applicant contact the Coastal Zone Agency and determine if the site is within the CZM.

If it is they need to obtain a letter of consistency with the CZM plan

## COASTAL ZONE MANAGEMENT PLAN

**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.**

## Coastal BarriersCoastal 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**

## Floodplain 24 CFR Part 55

**Notes:**
As we continue to review the Laws and Authorities, you will notice that each one sets forth a planning process designed to limit the environmental impact of the Federally Funded project.  

Now that David discussed Historic Preservation let’s proceed with Flood plains.
Click

## Executive Order 11988 Required:

**Federal Agencies to : **
**avoid development in the Floodplain**
**develop regulations **
**(24 CFR Part 55)**

**Notes:**
The executive order  11988 was signed during the Carter Administration
THE Purpose :
 Federal Agencies should avoid directly or indirectly supporting development in the flood plain unless there are no practicable alternatives.  Click
Further it required Federal Agencies to develop regulation to carry out the EO.  At HUD the regulation is 24 CFR Part 55.

## Floodplain ManagementPurpose:

**Federal Agencies should:**
**avoid development in FP**
**avoid adverse effect to FP**
**study alternatives to project**

**Notes:**
It directs federal agencies to avoid development,(click) avoid  actions that would have an adverse effect, (click)and to study alternative s 

## Why?

**Notes:**
Why was limiting development in the flood plain important to the Federal Government?

## Slide 12

**Notes:**
Floods cause millions of dollars of damage to private property and threat to human life every year in the US and when the flood comes it is often the Federal government who is called to assist the victims.

Also it is a serious threat to the health and safety of citizens.  In our photo here the road is flooded making it difficult to provide emergency assistance.  

## The Basics

**The Basics**

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

**Notes:**
Under Part 50 that means when the environmental finding is signed by the program director.

Under part 58 that means when the Request for release is approved by HUD (when required).

## FLOODPLAIN

_**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!**

## HUD’s Floodplain Management 24 CFR Part 55

**Incidental to **
**The site**

**Notes:**
If the site has flood plain but  not where construction will take place what do you do?

## 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**

**Notes:**
Finally if the applicant indicates they are submitting the project in the Flood Plain HUD must conduct the 8-step process.

HUD cannot delegate this part of the review.  Program staff must conduct the 8 step process in writing.  Consult with 55.12 to see when the process is not applicable and when the public notices are and are not applicable.  Lets quickly review the process.

## 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**

**Notes:**
Step 1	If the building is not in the flood plain consult with 55.12 (b)(6) and create restrictive covenant to prevent future development and drainage plan to prevent  damage to FP.

## The 8-Step Process Step 1

**Is the site in the 100 yr Floodplain?**
**site? building? both? ****	**
**IF yes to building**
**	****or both:**
**Continue to Step Two**

**floodplain**

**Structure**

**Notes:**
If yes to development in FP proceed to step 2

## 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**

**Notes:**
Early public notice must notify public of potential development in FP

## 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**

**Notes:**
Step 3 in writing consider the feasibility of alternatives including not funding the project as proposed.  Consider, the physical conditions, the need, costs and zoning uses.

## 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**

**Notes:**
Step 4 Identify how the FP will be impacted for each alternative.  Once again this is a planning process a process designed to look for alternatives when practicable.

## 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**

**Notes:**
Next in writing find ways to reduce the impact and preserve the flood plain

## 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**

**Notes:**
Reevaluate the proposal based on the data and study you have conducted.

## 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**

**Notes:**
Finally publish the final notice notifying the public what alternative was chosen and what mitigation will take place.

## Step 8 Implement the project

** ****HUD Program Staff Must: **
** ****continue to monitor and **
** ****ensure mitigation measures are ****	****implemented**

**Notes:**
Continued monitoring and enforcement is the responsibility of the the Program staff.  The mitigating measures should be conveyed to the applicant in writing.

## 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**

**Notes:**
For Step #1: (HUD must know exactly what Lender/Builder plan to do in the floodplain or wetland, Lender must know the site.)

## 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**

**Notes:**
Floodplains: SFN Checklist #17

Review slide.

Conversion projects, changing a non-residential to residential use, are considered the same as “new construction” for floodplain management.

Where the site does not appear to be located in the floodplain on official FEMA maps, but shows evidence of flooding, HUD is not precluded from qualitatively evaluating the acceptability of the site.

## 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**

**Notes:**
For flood insurance:
 At the Firm stage, the Lender is required to submit a completed Standard Flood Hazard Determination Form and proof that the mortgagor has a commitment for flood insurance when the new mortgagor acquires property.

For leases:
 This applies to properties within the 100-year floodplain and critical actions within the 500-year floodplain

New construction requires structures to be out of SFHA (LOMA/LOMR) or above 100 year flood elevation.

## 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 INSURANCE**_** **_**PROGRAM.**_
**FLOOD INSURANCE OBTAINED AS ****CONDITION.**
_**AVOID SITE WITH**_** FLOODPLAINS AND **_**WETLANDS**_**.**

## Wetlands Protection

**Notes:**
Lets continue on to wetlands compliance.  This process is very similar to flood plains

## Protection of Wetlands EO 11990

**	****Required Federal Agencies to develop regulations to avoid :**
**destruction /modification of wetlands**
**long and short term adverse impacts**

**Notes:**
Purpose:

EO 11990 states that Federal Agencies shall avoid undertaking or providing assistance for new construction located in Wetlands unless the agency finds:

1.  that there is no alternative to such construction and;

2.  that the proposed action includes all practicable measures to minimize harm to the wetlands which may result from such use.

## 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**

**Notes:**
The goal here is to avoid construction in the WL with HUD money.  This may not always be possible so the 8 step decision making process must be conducted to determine if there are alternatives.

## 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

**  ****8-step process completed:**** **
**there is no alternative, **
**minimize harm to wetland,**
**consider economic &  environmental impact**

**Protection of Wetlands EO 11990**

## 24 CFR Part 55Currently Only Covers Flood Plain

**HUD’s wetlands regulation**
**similar to Floodplain regulation**
**requires 8-step process**
**can be conducted jointly for  Floodplain and Wetland**

**Notes:**
The 8-step process is also required here and the process can be combined if there is development in the wetland and floodplain.

## Protection of WetlandsLimits

**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)**

**Notes:**
This process is not a substitute for the Corps of Engineers permitting process; the corps permitting process is the responsibility of the developer.  If a Corps permit has been obtained; then the mitigating measure can be used in the 8-step, but the 8 step process must be conducted and HUD must make a independent determination if there are alternatives to FEDERAL FUNDING.

For purposes of the regulation only those wetlands identified on the NWI Map must comply with the 8 step.

## 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. **

## The End