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Environmental Planning and Historic Preservation (EHP) Compliance (p. 43-45)

EHP Compliance

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What is an EHP Review? Involves an analysis of pertinent project information used to

determine the appropriate amount of documentation required for EHP compliance

All projects funded with Federal grant dollars must comply with EHP laws, regulations, and Executive Orders

Projects must be EHP approved before initiation GPD certifies that a grant-funded project is in compliance with

applicable EHP laws, regulations, and Executive Orders Complex projects will typically require more information to

reach a determination

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EHP Laws and Executive Orders

NEPA

National Historic Preservation Act

Endangered Species Act

Resource Conservation & Recovery Act

Clean Water Act

Coastal Zone Management Act

Coastal Barrier Resources Act

Clean Air Act

Executive Orders:Environmental Justice

Floodplains Wetlands

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What are EHP Considerations? Endangered Species Cultural Resources

•Historic properties •Archaeological sites

Air and Water Quality Noise Fish, Habitat & Wildlife Floodplains Wetlands Coastal Zones Agricultural Lands

Environmental Justice Socioeconomic Resources Land Use Hazardous Materials Traffic Geology (Topography, Soils)

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Floodplains and Wetlands Avoid to the extent possible adverse impacts to wetlands and

actions within or affecting floodplains If there is a reasonable alternative outside the wetland or

floodplain, FEMA will not fund the project within the wetland or floodplain

If the project impacts or may impact wetlands or a floodplain you should submit:- Section 404 and Section 10 permits (Wetlands)- National Wetlands Inventory Map showing project location

http://www.fws.gov/wetlands/Data/mapper.html- FEMA Flood Insurance Rate Map (FIRM) showing project

locationhttp://www.fema.gov/hazard/map/firm.shtm

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Coastal Zone Management Act (CZMA)

Goals: - Reduce uncontrolled development

on islands, beaches, salt marshes, transitional or inter-tidal areas, and other coastal areas

Applicability:- States with a shoreline in the

coastal zone or ones that border the Great Lakes

- All states in the coastal zone have a Coastal Zone Management Plan (CZMP)

- Be aware of the states CZMP and ensure that your project is in compliance

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Importance of Compliance

Compliance Non-Compliance

Protection of natural and cultural resources

Improved project planning Cost efficient Programmatic and financial

compliance Efficient project

implementation Improved community relations

Project delays De-obligation of funding Negative publicity Civil penalties Lawsuits

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GPD EHP Review Process Grantees are responsible for providing all relevant EHP

materials to GPD Grant funds may be used for preparation of EHP

documentation FEMA may be required to consult with State Historic

Preservation Office (SHPO), the U.S. Fish and Wildlife Service (FWS), etc.

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Roles and Responsibilities Grantees

-Responsible for EHP compliance- Submittal of all EHP review packets to GPD

GPD Program Analysts (PA)- Point of contact between the grantee or Fiduciary Agent,

GPD-EHP Team, and Regional Environmental Officer (REO)- Approval of projects with no potential for environmental

and/or historic preservation impacts (Type A)

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Roles and Responsibilities GPD-EHP Team

- Point of contact for PAs and REOs- Approval of projects with no potential for environmental and/or

historic preservation impacts if certain conditions apply (Type B) REO

- Review and approval of project with potential for environmental and/or historic preservation impacts (Type C)

- Responsible for State Historic Preservation Office (SHPO) consultation, with the assistance if necessary from GPD

- Liaison with grantees and GPD

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Type A Projects Sub-grantees do NOT need to submit the EHP screening

memo/EHP packet in these cases. State clearly in IJ “project has no potential for environmental and/or historic preservation impacts”. For training – state “classroom based”.

Projects with no potential for environmental and/or historic preservation impacts:- Planning- Classroom-based training and exercises- Field-based training at existing facilities with established

procedures- Personnel- Mobile and portable equipment (PPE, radios, etc.), vehicles, and

other equipment that does not require any installation

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Type B Projects Sub-grantees do not need to complete an EHP screening

memo/review packet if these projects have no potential for environmental and/or historic preservation impacts if certain conditions apply

Examples include:- Physical security enhancements- Equipment installation (structures less than 50 yrs old)

e.g. physical security/access controls

Typical questions- Does the project involve new ground disturbance or clearance

of vegetation?- Does project utilize existing infrastructure?- Will work occur in the vicinity of historic properties?- Will work occur in or near water?

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Type C Projects Sub-grantees MUST complete EHP screening

memo/review packet Projects that may have the potential for

environmental and/or historic preservation impacts:- Additional analysis and documentation may be

required to adequately address the impacts in compliance with applicable EHP laws and regulations- Environmental Assessments (EAs), Biological

Assessments (BAs), or Memoranda of Agreement (MOAs) may be required- Public involvement may be required

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Type C Example: Modification of Buildings & Structures 50 + Years Old

Equipment installation (e.g. physical security/access controls) on, in, or in the vicinity of historic buildings, piers, bridges, etc.

Building renovation/hardening (e.g. doors, gates, windows)

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EHP Review Packet A complete EHP review packet will provide the necessary

information to expedite the EHP review What are the required contents?

- Detailed project description- Physical address of structure/facility or lat/long- Clear color photographs (ground-level and aerial)- Dimensions/acreage/square footage of structure and/or land affected- Extent and depth of ground disturbance for:

• New construction and structure modification• Utility line placement• Fencing, light posts, etc., installations

- Height of communication towers- Special equipment being used, staging areas, etc.- Year building or structure was built (to include buildings or structures that

are in the vicinity)

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GPD EHP Updates

Programmatic Environmental Assessment (PEA) Screening Memo (see CD) Authorized Equipment List (AEL) Updated to reflect appropriate equipment

https://www.rkb.us/FEMAGrants/LinkedToAELCats.cfm?content_id=227106&relationtype=12311&overridesubtype=893&expand=1

EHP Mailbox GPDEHPinfo@dhs.gov- For EHP related questions

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Tips for a Timely EHP Review A clear and descriptive project description, with clear

color photos and maps Include any previous Master Plans or other

environmental documentation What work is being proposed, where will it take place,

and how will it be carried out?

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EHP Points of Contact

Name Contact InformationAdria Martínez adria.martinez@dhs.gov

202-286-2566Marquietta Davis marquita.davis@associates.dhs.gov

Brian Krevor brian.krevor@associates.dhs.gov

Emily Lux emily.lux@associates.dhs.gov

Marshall Popkin marshall.popkin@associates.dhs.gov

CSIDaskcsid@dhs.gov

800-368-6498

GPD EHP Information GPDEHPinfo@dhs.gov

EHP Compliance

Questions?