Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-2 - COASTAL RESOURCES › Subject 391-2-5 - COASTAL INCENTIVE GRANT PROGRAM DESCRIPTION › Rule 391-2-5-.08 - Construction/Acquisition Projects and Terms

Current through Rules and
				Regulations filed through June 27, 2024
Allowable construction/acquisition activities are defined
				  under Section 306A of the Coastal Zone Management (CZM) Act, and as such are
				  defined by statute. Theme related construction/acquisition projects are limited
				  to a federal request of $80,000, may be up to two (2) year projects, and must
				  abide by the terms and conditions in the most recent version of NOAA's 306A
				  guidance document. Applicants may be asked to revise scope of work of
				  construction projects to meet eligibility guidelines and/or NOAA's 306A
				  guidance document. All construction or land acquisition projects must undergo a
				  pre-application site visit by DNR staff prior to submittal of a full
				  application, if invited to submit such. NOAA is currently revising the 306A
				  guidance document and construction/acquisition project terms may be subject to
				  change prior to project start depending on the effective date of the new
				  guidance.
Applicants must meet the objectives and allowable use
				  guidelines under Section 306A of the Coastal Zone Management Act to be
				  considered. At this time, refer to the 1999 Coastal Zone Management Act Section
				  306A guidance document for full text of objectives and uses. In summary,
				  sub-grants for construction/acquisition projects made under Section 306A may be
				  used for the following activities only:
* The acquisition of fee simple and other interests in
				  land;
* Low-cost construction projects, including but not limited
				  to, paths, walkways, fences, parks, and the rehabilitation of historic
				  buildings and structures;
* The rehabilitation or acquisition of piers to provide
				  increased public use, including compatible commercial activity;
* The establishment of shoreline stabilization measures
				  including the installation or rehabilitation of bulkheads for the purpose of
				  public safety or increasing public access and use;
* The removal or replacement of pilings where such action
				  will provide increased recreational use of urban waterfront areas;
* Engineering designs, specifications, and other appropriate
				  reports related to these activities; and
* Educational, interpretive, and management costs and other
				  related costs NOAA determines to be consistent with the purposes of this
				  section.
Historic Preservation Division of the Georgia Department of
				  Community Affairs (Georgia HPD or HPD): All construction projects must obtain a
				  clearance letter from the Georgia HPD stating no significant impact, or
				  specifying project conditions, as required under Section 106 of the federal
				  Historic Preservation Act of 1966. Applications are considered incomplete and
				  the project cannot begin until a clearance letter from HPD has been returned to
				  the DNR-CRD. It is the applicant's responsibility to provide the HPD clearance
				  letter as a supporting document of the RFP.
Endangered Species Act: All construction projects must obtain
				  a letter from the US Fish and Wildlife Service (FWS) stating there will be no
				  significant impacts, or specifying project conditions, from the proposed
				  project according to Section 7 of the Endangered Species Act. Applications are
				  considered incomplete and the project cannot begin until a clearance letter
				  from the FWS has been returned to the DNR-CRD. It is the applicant's
				  responsibility to provide the FWS clearance letter as a supporting document of
				  the RFP.
NOAA Involvement: All construction project proposals are
				  required to submit a completed 306A Project Questionnaire with their
				  application including documentation in the form of reports, permits,
				  coordination letters from state and federal agencies, maps, and photographs
				  when necessary. Work cannot begin on any construction project until the 306A
				  Project Questionnaire has been reviewed, approved, and signed by NOAA's Coastal
				  Programs Division Chief and the DNR-CRD.
Additionally, federally funded projects are required by the
				  National Environmental Policy Act (NEPA) of 1969 to assess the environmental
				  impact(s) (Public Law 91-190, as amended; 82 Stat. 852, as amended;
				  42 U.S.C.
				  4321 -
				  4347). NOAA is responsible for
				  determining and advising whether a proposed sub-grant project is eligible for a
				  categorical exclusion in accordance with NOAA's NEPA
				  regulations.
O.C.G.A.
				  §§
											12-5-323,
				  28-5-122.