### From: Telleen, Katherine

Sent: Thursday, February 14, 2013 5:27 PM

To: Telleen, Katherine
Subject: Follow

- up: NHPA consultation on two Clean Water Act general permits

Dear Historic Preservation Officers and Tribal Representatives:

Thank you for your participation in the February 6 webinar regarding consultation under Section 106 of the National Historic Preservation Act (NHPA) on two EPA stormwater general permits. The EPA kept a record of the written and verbal comments submitted during the webinar, and will consider these when drafting the Programmatic Agreements (which will be circulated for your review). For those who attended,

and for those who were unable to atte nd, this email is a follow

- up to invite additional comments and questions, to summarize what was presented in the webinar, and to let you know the EPA’s next steps in the consultation process.

In accordance with regulation 36 CFR § 800.14, the EPA has re sumed consultation with the Advisory Council on Historic Preservation (Council), State Historic Preservation Officers (SHPOs), Tribal Historic Preservation Officers (THPOs), and other tribal representatives on the development of a Programmatic Agreement fo r the 2012 Construction General Permit (CGP) that includes guidance to clarify the historic properties procedures established in the permit. The EPA also initiated consultation with the Council, SHPOs, THPOs, and Indian tribes on the development of a Progr ammatic Agreement for the Multi

- Sector General Permit (MSGP), which the EPA intends to re

- issue in September of 2013.

During the webinar on February 6, the EPA provided background on the two general permits, the scope of potential impacts to historic prope rties, procedures to address potential impacts, announced its intent to develop a Programmatic Agreement (PA) for each permit, and asked for SHPOs, THPOs, and tribes to consult and provide input and comments on how best to develop the PAs in order to consi der potential impacts on historic properties.

The EPA considers the issuance of both the CGP and MSGP to be Federal undertakings. The EPA believes that the scope of potential impacts to historic properties from both the CGP and MSGP are

limited to the ins tallation of subsurface stormwater controls that a permittee may install to meet the requirements of the permit. Examples of subsurface stormwater controls are: trenches, culverts, channels, and perimeter drains. Temporary stormwater controls such as hay bales, compost blankets, geotextile mats, filter socks, fiber rolls are not considered to be subsurface stormwater controls.

Importantly, individual authorizations to discharge (i.e., permit coverage of specific sites/facilities under a general permit) do not constitute separate Federal undertakings. Because site

- specific information about project locations and potential impacts of covered activities only becomes available as project developers seek coverage under the permits, EPA believes that including h istoric property screening procedures in the permits is the most effective means of addressing potential impacts of permit issuance on such resources. In these circumstances, EPA also believes that development of NHPA Programmatic Agreements is the most a ppropriate means of consulting on, and memorializing, such screening procedures for purposes of compliance with Section 106. NHPA’s regulations provide for development of Programmatic Agreements in these types of circumstances and contemplate that such ag reements will memorialize the relevant procedures for compliance with Section 106, which may differ from the regular Section 106 and part 800 process as agreed and as appropriate to accommodate the particular program at issue (see 36 CFR § 800.14). To com ply with Section 106 of the NHPA, in consultation with the ACHP and with SHPOs, THPOs, and Indian tribes whose areas are covered under both permits, EPA seeks to develop a Programmatic Agreement for the CGP and a Programmatic Agreement for the MSGP.

Nex t Steps in the consultation process and development of PAs:

Now

– April 2013: The EPA will take into consideration feedback from the ACHP, SHPOs, THPOs, and other Tribal representatives in the development of Programmatic Agreements for the CGP and MSGP;Ap ril 2013: The EPA will share draft Programmatic Agreements with the ACHP, SHPOs, THPOs, and

other Tribal representatives for the CGP and MSGP;

May 2013: Comments on the draft Programmatic Agreements are due to the EPA;

May

– July 2013: The EPA will coordin ate with the ACHP, SHPOs, THPOs, and other Tribal representatives on finalizing the Programmatic Agreements for the CGP and MSGP.

Please contact me, or Erika Farris at (202) 564

- 7548 or farris.erika@epa.gov, with comments or questions. Thank you.

Katheri ne Telleen Office of Wastewater Management U.S. Environmental Protection Agency (202) 564

- 7933

For more information: To view the current CGP (issued February 2012) go to: http://www.epa.go v/npdes/pubs/cgp2012_finalpermit.pdf (see Appendix E for the Historic Property Screening Process). To view the current MSGP (which EPA intends to re

- issue in 2013), go to: http:// www.epa.gov/npdes/pubs/msgp2008_finalpermit.pdf (see Appendix F for Procedures Relating to Historic Properties Preservation).

Both general permits apply only in areas where the U.S. EP A is the NPDES permitting authority, which includes four States (Idaho, Massachusetts, New Hampshire and New Mexico); the District of Columbia; Puerto Rico; all U.S. territories except the Virgin Islands; federal facilities in Colorado, Delaware, Vermont, and Washington; and most Indian country. Each permit has a term of five years.

The CGP authorizes new stormwater discharges from construction activities that result in a total land disturbance of equal to or greater than one acre, and construction activit ies that result in a land disturbance of less than one acre that are part of a common plan of development or sale that will ultimately disturb one acre or more in areas where the EPA is the permitting authority. The MSGP authorizes stormwater discharges fr om certain industrial facilities that have been grouped into 29 sectors. To obtain coverage under either general permit, operators must first meet all eligibility requirements (including requirements relating to consideration and protection of historic pro perties). Then, after being authorized to discharge stormwater, operators must maintain compliance with all other permit requirements throughout the respective permits' terms. To address any issues relating to historic properties, the EPA has established p rocedures in the 2012 CGP that require permit applicants to certify that potential impacts of their covered activities on historic properties have been appropriately considered and addressed. The existing MSGP also includes procedures that require permit a pplicants to certify that potential impacts of their covered activities on historic properties have been appropriately considered and

addressed.

Attached is the PowerPoint presentation used in the webinar: