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8630 Supp 1 - BAG EnviromentalRequirements-PlanningPhaseBOATING ACCESS ENVIRONMENTAL COMPLAINCE REQUIREMENTS Sponsor Responsibility. As part of a grant requirements, the sponsor must submit to the Department appropriate environmental documentation. The scope, content and objectivity of the document shall comply with NEPA, CEQ Regulations. GRANT ELEMENT REQUIREMENTS as per U.S. Fish and Wildlife Service (FWS) Design Standards Boating access facilities should be attractive to the public and harmonious with the natural environment. In general, new development and improvements should be designed to avoid or minimize harm to the natural setting, accommodate the number and types of proposed uses, and be consistent with topographic limitations of the site. Emphasis should be given to public health, safety, the natural environment, barrier-free access, and the protection of recreational and community values of the area. Facilities supported with State Boating Access Program funds should consist of a concrete ramp (each lane 12’ to 15’ wide), a parking area with at least 20 car-trailer spaces per launching lane (10’ x 40’ each), an access road, and necessary support facilities. Boat docks and parking lots must be designed and constructed in a barrier-free manner pursuant to state law, and overhead utility lines are prohibited in the fund-assisted project area. (NOTE: Overhead utilities which are in place prior to application submission will be evaluated during the pre-award site visit and sponsors will be advised if such utilities may remain, or if they must be buried/relocated) Boat docks, parking lots, and restrooms must be designed and constructed for barrier-free access, and overhead utility lines are prohibited in the fund-assisted project area. (NOTE: Overhead utilities in place prior to application submission will be addressed during the pre-award site visit, and sponsors will be advised if such utilities may remain, or if they must be buried/relocated.) Sponsors must comply with the Local Government Code for municipalities and counties, the requirement governing advertising for bids by counties and cities. If a contract is to be awarded to anyone other than the lowest bidder, information must be furnished to the Department as to the reason the contract should not be awarded to the lowest bidder. (NOTE: It is the sponsor’s responsibility to adhere to all local, state, and federal laws and regulations). After the project is designed, sponsors must contact the U.S. Army Corps of Engineers (Corps) to determine which permits (if any) are needed. A Corps permit, or letter stating that a permit is not required, must be obtained before a grant contract is executed with the sponsor. To find out which Corp district has jurisdiction you’re your project, please visit their website at: http://www.swf.usace.army.mil/pubdata/environ/regulatory/introduction/districtboundaries2feb52002. pdf • Environmental Compliance. Policy concerning the assessment of the environmental impact of federal and federally funded actions is contained in the National Environmental Policy Act of 1969 (NEPA) (Public Law 91-190, as amended; 82 Stat. 852, as amended; 42 U.S.C. 4321-4347). All Boating Access Grant actions are subject to the provisions of NEPA and the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (CEQ Regulations 40 CFR 1500-1508). • Section 7 Consultation – Endangered Species Act: Section 7 (a)(2)The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species. https://www.fws.gov/midwest/endangered/section7/index.html • National Environmental Policy Act (NEPA) The National Environmental Policy Act (NEPA) of 1969 is one of the first and most significant pieces of environmental legislation enacted in the U.S. NEPA provides the basic national charter for protection of the environment. The law is intended to ensure that information regarding environmental effects of an agency's development proposal and alternative actions are available to inform agency decision makers and the public. https://www.fws.gov/ecological-services/habitat-conservation/NEPA.html • Army Corps of Engineering (COE) Ø Nationwide Permit; or Ø Specific Location Permit Ø National Marine Fisheries Service (NMFS) Required for all coastal projects. All projects that are considered “Coastal” MUST submit information regarding the National Marine Fisheries Service (NMFS) – Pile Driving Noise Assessment for SAJ-82 that addresses Sea Turtle and Smalltooth Sawfish to the US Army Corps of Engineering during the permitting process and adhere to all the special conditions during construction. Ø IPAC Report U.S. Fish and Wildlife Service online service to assist with the environmental review process into your project design. IPaC offers: (a) Endangered Species (b)Mapping of proposed improved site and (c) Report of Impact analysis https://ecos.fws.gov/ipac/ Ø Environmental Assessments (EA). An EA should cover the points listed below in sufficient detail to resolve the test of "major and significant" (CEQ Regulations, Section 1508.18 and 1508.27) and provide a basis for deciding whether to prepare an environmental impact statement (EIS) on the project. Such assessments generally need be no more than two or three pages in length, except when complex projects are involved. An EA should not be prepared if the need for an EIS is self-evident. Format and Content. Pertinent information of sufficient scope and depth must be provided in an EA to allow the Department to accurately ascertain the impact of the project and to determine whether an EIS is needed. Whenever possible, an environmental impact should be quantified. In all cases the level of activities involved should be given (number of trees to be removed, cubic yards of debris to be removed, and cubic yards of fill to be required, etc.). For projects with property rights outstanding, the environmental information must also explain how the sponsor plans to assure that the environment will not be affected significantly. An EA should cover the following points: (1) Description of the Proposed Project. This section should include a brief description of all elements of the project for which assistance is requested, and how the project elements will be carried out. (2) Description of the Site and Environment. The actual project site(s) and surrounding area(s) should be described in this section. Information regarding vegetation, topography, water resources, access, outstanding characteristics, existing structures and improvements, utilities and easements, surrounding land uses, current property ownership, etc., should be addressed. If the project site(s) contain threatened or endangered species of flora or fauna, significant mineral values, unique geologic formations, unique animal or plant ecosystems, or cultural/archeological/historical sites, they should be addressed. Illustrations, graphics, photographs, etc., regarding elements addressed in this section should be included. (3) Floodplain and Wetland Documentation. This documentation is only necessary if a project involves a floodplain or wetland area, pursuant to Executive Orders 11988 and 11990. There are no exemptions from this documentation. The following documentation should be included in the EA: (a) Public Notification. The sponsor must inform the public that the project will be located in a floodplain/wetland area, and that the project will have certain environmental impacts on the floodplain/wetland area. A public hearing must be held to allow public comment, application materials and plans must be available for public review, and copies of the published notice and public comments must be included with the application for Boating Access assistance. (b) Supplemental Information to the EA. The following information on the floodplain or wetland area must be included: (1) The extent of direct and indirect impacts of the project on the floodplain/wetland area; (2) Measures to be taken to minimize harm to lives and property, and to the natural and beneficial floodplain/wetland values; (3) Alternative actions and locations considered in the event of an adverse impact of the project; (4) Assurances that all state, federal, and local floodplain/wetland regulations are being met; (5) A map delineating the floodplain/wetland area as it applies to the project. (4) Environmental Impacts of the Proposed Project. This section should identify effects, or impacts, which are anticipated to result from the proposed project. Short and long term impacts, plus off-site impacts on land uses, fish and wildlife, vegetation, geology, soils and mineral resources, air and water quality, water resources/hydrology, cultural resources, transportation and access to the site, consumption of energy resources, socio-economic effects, etc., should be considered and addressed. State whether impacts will be beneficial or adverse. "Impacts" are defined as causing direct or indirect changes in the existing environment, whether beneficial or adverse, which are anticipated as a result of the proposed action or related future actions. To the extent appropriate, the document will discuss impacts of the action, including environmental damage which could be caused by users, upon the physical and biological environment as well as upon cultural, aesthetic, and socio-economic conditions. Elements of impacts which are unknown or only partially understood should be indicated. (5) Mitigating Measures for Adverse Impacts. Adverse impacts can have either short or long-term effects and should be so identified in this section. For those impacts considered "adverse" and caused as a result of the project, explain how they will be mitigated, eliminated or minimized. "Adverse" impacts which cannot be mitigated should be addressed in the next section. (6) Unavoidable Adverse Impacts. Adverse impacts which cannot be mitigated or eliminated should be addressed in this section. The effects should be weighed against the beneficial impacts of the project. (7) Alternatives to the Project. This section will include a brief description of alternatives as required by NEPA Section 102(2)(E), which states: Study, develop, and describe appropriate alternatives to recommend courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources. The environmental impacts of the proposal and the alternatives should be presented in comparative form and should define the issues, pros and cons, of a reasonable range of alternatives, and provide a clear basis for choice between them by the Department and the public. (8) A listing of agencies and persons consulted. C. Points to Keep in Mind: (1) Environmental documentation should be free of project justification and personal bias. The project should be justified elsewhere in the grant application. (2) Do not rely on generalities. Specific facts are essential. All statements and conclusions should be supported, and quantified where possible. (3) Use graphics to help explain the project. (4) Be concise, clear and to the point. (5) Adverse impacts should be addressed as fairly as beneficial impacts. Finding of No Significant Impact (FONSI). If the Department, after reviewing the environmental assessment, determines that the proposed project will not have a significant effect on the quality of the human environment and that an EIS is therefore unnecessary, no further environmental documentation will be required from the sponsor. Guidelines to Determine When an Environmental Impact Statement Should Be Prepared. The Department will require sufficient environmental data from the sponsor to prepare an EIS on a proposed Boating Access project deemed to be a major action having a significant impact on the physical, biological, and/or socio-economic environment of the project site and/or surrounding area. Cumulative impacts and/or subsequent actions must be considered in environmental data submitted. A. Factors to Consider. The occurrence of one or more of the following factors indicates that an EIS may be needed: (1) Marshes, or wetlands, unique animal or plant ecosystems, lakes, streams, or marine areas are affected significantly. (2) The proposed project would or might result in major natural or physical changes, including interrelated social and economic changes and residential and land use changes, within the project area or its immediate environs. (3) An archeological or historical site identified as a State Archeological Landmark, or eligible for SAL listing would be subjected to significant adverse effects by the proposed project. The procedures to follow for such a site are covered in Chapter 650.4. (4) Highly controversial issues involving the environmental effects of the project exist or are expected. (5) The project site contains threatened or endangered species of flora or fauna, significant mineral values, or a unique geologic formation. (6) Actions which foreclose other beneficial uses of mineral, agricultural, timber, water, energy, or transportation resources critical to the nation's or a state's welfare. The Department may determine that a proposed project, even though not involving any of the above factors, requires preparation of an EIS. Adoption of Previous Statement. In accordance with 40 CFR 1506.3, an EIS prepared for another grant program not administered by the Department may be adopted by the Department if adequate to meet the requirements of a proposed Boating Access action. All pre-award professional cost that have been approved MUST be submitted for reimbursement no later than 90 days after the execution of the TPWD local grant agreement. If these cost have not been submitted within the 90 day period, these cost could be considered forfeited and deemed not eligible. FWS is now requiring financial activity on all grants within the first 90 day grant period After the project is designed, sponsors must contact the U.S. Army Corps of Engineers (Corps) to determine which permits (if any) are needed. A Corps permit, or letter stating that a permit is not required, must be obtained before a grant contract is executed with the sponsor. To find out which Corp district has jurisdiction you’re your project, please visit their website at: http://www.swf.usace.army.mil/pubdata/environ/regulatory/introduction/districtboundaries2feb520 02.pdf. Funded projects must be reviewed by the Texas Historical Commission and Texas Parks & Wildlife Department to determine potential impacts to natural and cultural resources. Written clearances or permits must be obtained from each agency prior to initiating any construction activities. The sponsor will be responsible to submitted their project to the Texas Historical Commission for a cultural resource review and to TPWD resource staff for a natural resource review. If these reviews uncover sensitive resources at a proposed project site, the project applicant will immediately be notified as to the situation and what actions are necessary to mitigate the situation. eTRAC system | THC.Texas.gov - Texas Historical Commission The review by the Texas Historical Commission focuses primarily on whether the project will impact known archeological sites or if the site’s location and character are likely to contain archeological deposits. If the site contains, or likely contains, archeological deposits, a field survey by a qualified archeologist is usually required. The review by the TPWD resource staff focuses primarily on whether the project site has known existence of animal and/or plant species listed as threatened or endangered, or habitat to support such species. If this is the case, a field survey by a qualified biologist is required and the project’s impact on the listed species is assessed. If the rare species is federally listed, the U.S. Fish and Wildlife Service must approve the project for it to proceed. If a site has not previously undergone natural and cultural resource survey, we recommend budgeting funds in the project proposal for surveys. Applicants will be required to remedy all resource impact concerns prior to initiating work on the project. Sometimes a simple relocation of grant element can avoid sensitive areas will allow a project to proceed, in other cases the remedy is much more time consuming and costly. If the remedy costs are too great (over 15% of total project costs), the sponsors will have the following options: a) cover the costs of the mitigation overruns themselves or b) withdraw their application.