FEDERAL EMERGENCY MANAGEMENT AGENCY ENVIRONMENTAL COMPLIANCE GREENSHEET FEMA 4441-DR-AR AND FEMA 4460-DR-AR
| Notice Date |
|---|
Environmental and Historic Preservation Guidance
As a condition of Federal Emergency Management Agency (FEMA) funding, projects must be reviewed for compliance with all applicable environmental laws, regulations, and executive orders (EO). This “Greensheet” provides you, the Applicant, with guidance on FEMA’s Environmental and Historic Preservation (EHP) review process to help you understand your obligations to ensure that all Federal and State compliance requirements are met and how compliance may impact project funding. FEMA EHP staff is available to answer questions and direct you to other resources as needed.
Federal Laws and Executive Orders Routinely Encountered During Review
National Environmental Policy Act (NEPA) National Historic Preservation Act (NHPA) Clean Water Act (CWA)
Endangered Species Act (ESA) EO 11988 Floodplain Management EO 11990 Wetlands Protection
Environmental Compliance and Federal Funding
NEPA requires Federal Agencies to assess the environmental effects of their actions, such as funding disaster recovery projects, prior to making funding decisions. NEPA incorporates the other environmental and historic preservation laws into the final consideration of the proposed project and its potential alternatives. FEMA has developed several levels of environmental review to streamline the types of projects commonly funded for disaster recovery. A clear scope of work is needed to determine the level of review required under NEPA which can impact project timelines. Some projects may require additional regulatory permitting or consultation with State, Federal, or Tribal entities. FEMA EHP will advise applicants on what to expect during the review process. This guidance includes information regarding many, but not all, of the laws routinely addressed during disaster recovery project review. The Applicant has several compliance responsibilities which may be required before funding can be approved or work can proceed. Failure to comply with applicable Federal, State, and local environmental and historic preservation laws could jeopardize or delay potential funding.
Debris and Hazardous Materials
Debris cleanup must be documented from removal to final disposition. For debris taken to a permitted landfill, the location and permit number for the landfill should be included in the project worksheet. Temporary emergency staging sites for the stockpiling, reduction, and/or burning of disaster debris must be approved by the Arkansas Department of Environmental Quality (ADEQ) and Arkansas Historic Preservation Program (SHPO). The applicant must complete the ADEQ Request to Burn, Stage, or Grind Material for and submit it via fax/email. The applicant must complete the AHPP Debris Activity Ground Disturbance form and submit it to SHPO via fax/email. The applicant must provide FEMA with the approved forms. Hazardous materials must be disposed of in a manner consistent with all State and Federal laws. Debris should not be staged within the floodplain and should never be staged in a wetland area, even temporarily. Debris removal from wetlands should be coordinated with the US Army Corps of Engineers (USACE) and may require FEMA consultation with the US Fish and Wildlife Service (USFWS). The ADEQ and SHPO forms are attached. Additional information regarding debris can be found in ADEQ’s Managing Debris from Declared Disasters handout. To receive a copy, call or email the ADEQ Emergency Response Section at (501) 682-0716 or ratley@adeq.state.ar.us.
Work in or near Water or Wetlands
Projects that involve work in or near water or wetlands, including dredging or filling, in-stream debris removal, bank stabilization, or mitigation measures or changes to culverts, crossings, or bridges, may require a permit from USACE. The applicant is responsible for obtaining any required approvals or permits from USACE prior to the commencement of work.
Cultural Resources
Section 106 of the NHPA requires Federal Agencies to take into account the effects of their activities on historic properties prior to the approval of the expenditure of Federal funds. FEMA has executed a Programmatic Agreement (PA) with SHPO which allows us to expedite many of the types of disaster recovery work that have been demonstrated through experience not to have an adverse effect on historic properties. Projects involving properties that are 45 years of age or older may require FEMA consultation with SHPO. All ground disturbing activities, including staging areas and borrow sources, must be reviewed by a FEMA Archaeologist and may require FEMA consultation with SHPO and Federally Recognized Tribes. A clear scope of work, including the age of any existing buildings or structures and the location and description of all ground disturbing activities is required to complete a review of the project.
Floodplains and Wetlands
FEMA reviews all projects to determine if they affect or will be affected by the floodplain and/or wetland under EO 11988 and EO 11990. The objective of these orders is minimize and/or avoid future impacts to the natural and beneficial values of floodplains and wetlands as well as impacts to facilities repaired using Federal funds. Projects located within these resource areas may require the use of the “8-step” decision making process, requiring public notification and involvement in the consideration of the proposed project and any practicable alternatives. The applicant is responsible for obtaining any required approvals or permits from the local floodplain administrator for any projects located within the floodplain and USACE for projects located in the wetland.
Threatened and Endangered Species and Critical Habitat
Projects that involve work in water or are located within a natural area may have the potential to affect Threatened and Endangered Species or Critical Habitat. FEMA is able to expedite the review of many types of disaster recovery work which have been demonstrated through experience not to cause adverse effects. Some projects may require additional consultation with USFWS specific to the work to be performed and individual species of concern. The presence of Threatened and Endangered Species or Critical Habitat may affect project design, construction timeframes, or require best management practices to minimize adverse effects. Projects with the potential to affect Federally protected species may require FEMA consultation with USFWS prior to the commencement of work. Federally protected species in your area can be found here: https://ecos.fws.gov/ipac/
Borrow Source for Fill Materials
All borrow or fill material must come from pre-existing stockpiles, material reclaimed from maintained roadside ditches, provided the designed width or depth of the ditch is not increased, or commercially procured material from a source existing prior to the event. For any FEMA-funded project requiring the use of a non-commercial source or a commercial source that was not permitted to operate prior to the event,e.g. a new pit, agricultural fields, road ROWs, etc., in whole or in part, regardless of cost, the Applicant must notify FEMA and the Recipient prior to extracting material. FEMA must review the source for compliance with all applicable federal environmental planning and historic preservation laws and executive orders prior to a subrecipient or their contractor commencing borrow extraction. Consultation and regulatory permitting may be required. Non- compliance with this requirement may jeopardize receipt of federal funding. Documentation of borrow sources utilized is required at closeout. Contact ADEQ, https://www.adeq.state.ar.us/mining/noncoal.aspx.
Contact Information
FEMA EHP
Kevin Jaynes
Regional Environmental Officer Office: 940-383-7224
Arkansas Division of Emergency Management (ADEM) Jodi Lee ADEM Recovery Branch Manager Office: (501)-683-6700
recoverybranch@adem.arkansas.gov
Anna Pool
Public Assistance Officer Office: (501) 683-6700
recoverybranch@adem.arkansas.gov
Kiara Barnett
Public Assistance Officer Office: (501) 683-6700
recoverybranch@adem.arkansas.gov
Nathan Murray
Public Assistance Officer Office: (501) 683-6700
US Army Corps of Engineers Little Rock District Regulatory Branch
Office: (501) 324-5295
CESWL-Regulatory@usace.army.mil
Memphis District (Arkansas)
Regulatory Branch Office: (901) 544-3682
CEMVMRegulatory@usace.army.mil
Vicksburg District Regulatory Branch Office: (601) 631-7660
Arkansas Department of Environmental Quality (ADEQ) Stephen Ratley, Manager Emergency Response Section Office: (501) 682-0716
Fax: (501) 682-0880
ratley@adeq.state.ar.us Emergencies: 1-800-322-4012 (Ask for ADEQ/AR on Call)
Arkansas Historic Preservation Program (SHPO)
Debris Sites Eric Mills
Section 106 Manager
Office: (501) 324-9784
Fax: (501) 324-9184
••••
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
OFFICE OF AIR QUALITY
5301 Northshore Drive I North Little Rock, AR 72118-531 7
TELEPHONE: (501) 682-0771 I FAX: (501) 682-0753
www .ad e q .sta te.o r.us
APPENDIX 1: COUNTY APPLICATION TO BURN VEGETATIVE DEBRIS
BURN SITE INFORMATION (Must be completed for all requests)
County: _ Latitude/Longitude Coordinates: _
Mailing Address:
City:
State:
_ Zip Code: _
Is this a preauthorized burn site? □ YES □ NO
} CHECK ONLY ONE BOX BELOW PER FORM (Complete and submit form to either ADEQ Office of Air Quality or Emergency Response Section
0 NON-DISASTER AREA REQUEST (Certifying Official's Information)*
Printed Name:
Phone: _ Mailing Address:
Tit le: _ Email: _ Fax:
City:
State:
_ Zip Code: _
Icertify that there is no practical, safe, or lawful means of disposal of vegetative debris and the site meets the criteria for a burn site.
Signature: Date:
0 COUNTY JUDGE DECLARED DISASTER (Certifying Judge's Information)*
Printed Name:
Phone: _
Title: _ Email: _ Fax:
Mailing Address:
City:
State:
_ Zip Code: _
Icertify that the preauthorized burn site has not materially changed in such a fashion that would make it no longer meet the criteria under which it was preaut horized. If site is not preauthorized ADEQ must assess the site prior to staging or any other activities occur.
Signature: Date: _
*For a Non-Disaster Area Request or County Judge declared disaster application, submit completed form and submit as an attachment by email: Airsubmission@a deq.st at e.ar.us.us, fax: (501) 682-0880, or mail: ADEQ/Office of Air Quality, 5301 Northshore Drive, North Little Rock, AR 72118.
For an application to burn under a Federal or State Declared Disaster area, staging is only authorized at preauthorized sites. All other activities must be coordinated with the ADEQ Emergency Response Section by email: ADEQ-emergencyresponse@adeq.state.ar.us, by phone: (501) 682-0716 or (501) 776-4035, or fax: (501) 682-0800.
ARKANSAS HISTORIC PRESERVATIONPROGRAM DEBRIS ACTIVITY GROUND DISTURBANCE FORM
FEMA 4441-DR-AR and FEMA 4460-DR-AR
Applicants are responsible for filling out the top part of this form in its entirety and email this form and a topographical map identifying the location to the Arkansas Historic Preservation Program for certification. You may generate maps at the following website: www.mapper.acme.com. Applicants should attach the signed form to the project worksheet.
For questions, please contact Eric Mills, (501) 324-9784 or eric.mills@arkansas.gov.
REQUESTING REGISTRATION AS A (check all that apply):
□ Emergency Burn Site □ Temporary Staging/Stockpiling Site 1 Temporary Chipping/Grinding Site
APPLICANT:
Name: Address: City: Zip Code: Telephone: Cell: Fax: County:
LEGAL DESCRIPTION AND UTM COORDINATE OF EMERGENCY SITE (REQUIRED):
Township: Range: Section: Quarter Section: UTM Easting: UTM Northing:
1 Please include a topographical map identifying the location of the site. You may generate maps at mapper.acme.com.
SITE OWNER (if other than City or County, landowner must grant a legal access agreement):
Name: If a NEW road is needed to access a staging or burn site, provide the following information:
Road Length/Width: Start UTM: End UTM:
1 Please include a topographical map identifying the location of any new roads. You may generate maps at mapper.acme.com.
Discovery Clause—In the event that archeological deposits, including any Native American pottery, stone tools, or human remains, are uncovered, the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize impacts. All archeological findings will be secured and access to the sensitive area restricted. The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) and Tribes. Work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure project compliance with the National Historic Preservation Act (NHPA).
Applicant signature certifying they read the above clause Date
Email to: Arkansas Historic Preservation Program (Attn: Eric Mills), Email: eric.mills@arkansas.gov.
The Arkansas Historic Preservation Program certifies that for the above referenced site:
No known historic properties will be affected by this undertaking.
An alternate area must be considered due to proximity to unevaluated or historic properties
Arkansas Historic Preservation Program Official Date
After completing this form, please return it to the Applicant listed above.
U. S. ARMY CORPS OF ENGINEERS
Regulatory Activities – Little Rock District and Adjacent Districts
Vicksburg District ATTN: CEMVK-OD-F
4155 Clay Street
Vicksburg, MS 39183-3435
(601) 631-7660
Memphis District ATTN: CEMVM-OD-R
167 N. Main Street Room B-202 Memphis, TN 38103
(901) 544-3471
Little Rock District ATTN: CESWL-RD
700 West Capitol Avenue Little Rock, AR 72201-3221 (501) 324-5295
Page 7
Last updated