REGULATIONS
AND
CONSIDERATIONS
This
Appendix
briefly
discusses
significant
regulations
and issues
that
should be
considered
when
developing
one of the
projects
identified
in this
handbook.
To
streamline
the use of
the
Handbook,
these
cautions
are
represented
by
symbols.
The most
applicable
symbols
accompany
each
mitigation
measure in
the
Handbook.
It is
solely the
project
proponent's
responsibility
to ensure
that all
applicable
codes and
standards
are met,
regardless
if they
are
identified
in this
Handbook.
National
Environmental
Policy Act
(NEPA)
All
federal
agencies
must
consider
the
effects of
federally-funded
projects
upon the
environment
as
required
by NEPA.
Actions
identified
by this
symbol may
have an
impact on
the
environment
and may
require
further
investigation
to
determine
the extent
of any
impacts.
Endangered
Species
Act (ESA)
The ESA
protects
animals
and plants
that are
federally
listed as
threatened
or
endangered
(as well
as their
habitat).
Actions
identified
by this
symbol may
have an
affect on
endangered
species or
their
habitat.
Consultation
and
approval
by the
National
Marine
Fisheries
Service
and/or the
U.S. Fish
and
Wildlife
Service
may be
necessary
when
either
agency has
jurisdiction.
National
Historic
Preservation
Act (NHPA)
NHPA
strives to
protect
our
nation's
heritage,
and
requires
the review
of any
project
that
affects a
structure
50 years
or older
that may
be on (or
eligible
for) the
Federal
Register
of
Historic
Places, or
that
affects a
site which
may
contain
artifacts
of
archaeological
or
cultural
significance.
For any
action
identified
by this
symbol,
FEMA may
need to
consult
with the
State or
Tribal
Historic
Preservation
Office to
determine
whether
any
additional
action or
mitigation
is
necessary.
Clean
Water Act
(CWA)
The
U.S. Army
Corps of
Engineers
(Corps) is
responsible
for
ensuring
that
projects
in 'the
waters of
the United
States' do
not
adversely
affect
such
waters.
Actions
identified
by this
symbol may
require a
permit by
the Corps.
Floodplain
/ Wetlands
Actions
identified
by this
symbol are
subject to
Executive
Order
11988 on
Floodplain
Management
and/or
Executive
Order
11990 on
Wetlands.
The
Executive
Orders on
Floodplains
and
Wetlands
are
intended
to ensure
that
federally-funded
projects
avoid long
and short
term
impacts
associated
with the
modification
of
floodplains
or
wetlands.
Right of
Way
Constraints
Mitigation
measures
identified
by this
symbol may
be limited
by
required
right of
way
widths,
clear zone
constraints,
and/or
geometry
of
embankment
constraints.
Downstream
or
Upstream
Effects
Actions
identified
by this
symbol
indicate
that the
action may
impact
downstream
flow
volumes or
may create
backwater
effects
upstream
of the
measure.
Cost
The
cost of
actions
identified
by this
symbol may
be
prohibitively
expensive.
Maintenance
Actions
identified
by this
symbol may
require
significant
and/or
continuous
maintenance.
Engineer
Actions
identified
by this
symbol
require
that an
engineer
be
consulted
or hired
to develop
and/or
approve
the
retrofit |
