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Disaster Recovery - Environmental

Environmental and Historic Preservation Considerations during Disaster Recovery

This information is offered as you apply for federal assistance to repair and rebuild your communities. There are certain requirements related to the environment that must be considered and addressed during the recovery. The information and assistance described here will help you avoid environmental roadblocks or time delays. The most important message we can give at the outset of a disaster is that we are available to help you with the environmental requirements of the application process. Contained herein are facts, procedures, and contacts to help you through the process.

We ask that you identify any potential environmental concerns or problems and discuss these with FEMA and Wisconsin Emergency Management staff as soon as possible. This will help us address any issues and expedite funding. Please contact Wisconsin Emergency Management or FEMA Public Assistance staff, who can put you in touch with the Environmental staff.

Activities that May Trigger EHP Review

Environmental Laws and Project Requirements

The Environmental Planning and Historic Preservation (EHP) program integrates the protection and enhancement of environmental, historic, and cultural resources into FEMA's mission, programs and activities; ensures that FEMA's activities and programs related to disaster response and recovery, hazard mitigation, and emergency preparedness comply with federal environmental and historic preservation laws and executive orders; and provides environmental and historic preservation technical assistance to FEMA staff, local, State and Federal partners, and grantees and subgrantees.

In addition to National Environmental Policy Act (NEPA), listed below are the other environmental laws and executive orders that must be considered when rebuilding or replacing a “public assistance” facility. Some activities can proceed without environmental or historic review, others require some environmental consideration, and in some of the major projects, consultation with the State and FEMA is necessary before construction begins. Failure to comply with applicable environmental and historic laws could jeopardize or delay potential funding.

Waterways, Including Culverts and Bridges

For any project involving work proposed or completed in a waterway, applicant must notify and provide documentation of contact with Wisconsin Department of natural Resources (DNR) (either a copy of a permit or letter from DNR indicating no permit is required). Repair to previously authorized serviceable structures deviating from their original dimensions in any way (i.e. size, length, depth, profile, type, etc.) may require a new or modified permit from the U. S. Army Corps of Engineers (USACE). The DNR/USACE has a coordination/joint application process.

The Clean Water Act and The U.S. Rivers and Harbors Act apply to actions affecting waters of the United States. This includes any part of the surface water tributary system (natural waters including small streams, lakes, and wetlands) as well as isolated man-made waters. The USACE administers both laws. Examples of actions requiring permits include any construction, demolition, and any dredging or filling in any part of surface water tributaries or systems including cutting roads, and repair of damaged facilities.

For all culvert work, if no permit is required, at a minimum, signed documentation of a telephone phone call to the DNR is required and should be provided to the FEMA project officer.

Wetlands

As with floodplains, an “8-Step” process” may be required whenever a project would modify a wetland. Project approvals and permits are needed from the DNR and the USACE.

Debris should never to be stored in a wetland, even temporarily. Debris removal from a wetland should be coordinated with the DNR, the USACE, and the U.S. Fish and Wildlife Service.

The DNR is a good source for finding out the detailed requirement for work involving wetlands.

Floodplains

FEMA reviews all projects that take place in the floodplain as required by Executive Order 11988. For major projects, this could require the “8-Step” process, which evaluates alternatives and includes public review.

Project approvals and permits are often needed from the DNR, the USACE, and the U. S. Natural Resources Conservation Service.

Some projects are exempt from floodplain review including debris removal and repairs or replacements when the cost is less than $5,000.

Threatened and Endangered Species

Projects that might affect threatened or endangered species must comply with the Endangered Species Act to avoid or minimize impacts. Endangered species are in danger of extinction throughout the area in which they usually occur. Threatened species are those that could become endangered in the near future. Wisconsin has seventeen (17) federally endangered, threatened, or candidate species. It is very important to know whether a proposed project might impact a critical habitat of one of these species. Critical habitats may be located in or near water or forested areas, but may also be fields or road edge. Applicants should contact experts at the DNR, the U.S Fish and Wildlife Service and FEMA who can help determine if a critical habitat is potentially impacted by a proposed project. For a full listing of Threatened and Endangered Species in the counties included in DR1768, consult the following: http://www.fws.gov/midwest/endangered/.

Historic Preservation and Tribal Relations

Some historic resources are very obvious, others less so. Any structure (e.g., buildings, walls, bridges, culverts) 50 years old may be eligible for the National Register of Historic Places. These structures must be reviewed by FEMA and the WI State Historic Preservation Office (SHPO). Archaeological resources also require special attention. Paramount among these are Tribal resources, of which Wisconsin has a rich legacy. Any proposed project which alters a previously undisturbed area (e.g., relocating a utility, road realignment, a material borrow area for construction, or preparation of debris staging, stockpiling or burning sites) must be reviewed by FEMA and the SHPO for archeological concerns. Land that has been plowed or used for agriculture is not considered previously disturbed and must be evaluated. Different measures can be taken if historic resources are affected. It is important to involve FEMA and the SHPO offices to make these determinations, and to decide what measures, if any, are to be taken.

Debris Disposal and Hazardous Materials

For any debris removal projects, applicants must follow the disposal guidance provided by the DNR. The guidance, Coping with Cleanup, is available at: http://dnr.wi.gov/org/aw/wm/stormdebris.htm or from the DNR Regional Waste and Materials Management Program staff. No contact, approval or permits are needed to take solid waste debris to a licensed landfill or approved construction and demolition landfill. If sandbags have been used, information on how to properly dispose of them is in the guidance listed above.

For temporary storage of debris outside of licensed or approved landfills, applicants must complete the Emergency Debris Management Self Certification Form. The form can be obtained from FEMA or WEM. Prior to setting up a household hazardous waste collection (Clean Sweep), notify the DNR Regional Waste and Materials Management Program staff and follow their guidance.

Debris should not be burned, but, if no reasonable alternative is available, an emergency approval for burning clean woody debris may be requested from the DNR Air Management Program. Asbestos, if present, must be removed prior to building demolition. Contact the DNR Regional Office for your community.

Other Considerations

Hazard mitigation projects reduce the threat of future damages. Retrofitting for wind damage or elevating for flood protection are examples. All hazard mitigation projects will be subject to a thorough review by FEMA as they usually involve ground disturbance or alter a project’s footprint.

Projects involving any ground disturbance outside previously disturbed footprint, even if within the right-of-way (including facility realignment, borrow areas, utility burial, utility pole replacement, access roads, etc.) may require archaeological review prior to construction.

Environmental Justice Executive Order 12898 strives to minimize negative health or environmental impacts on minority and low-income populations. Projects are examined to avoid these impacts. FEMA will not exclude any persons and populations from participating in benefits because of race, color, or national origin.

Contacts

Wisconsin Emergency Management
2400 Wright Street
PO Box 7865
Madison WI 53707-7865
608-242-3214

WI Coastal Management Program
WCPM
P.O. Box 8944
Madison, WI 53708-8944
(608)267-7988

U.S. Army Corps of Engineers Regulatory
St. Paul District, Attn: CO-R
190 Fifth Street East
St. Paul, MN 55101-1638
(651) 290-5200
http://www.mvp.usace.army.mil/regulatory/

Water Resources - Permits for Bridges and Culverts
http://dnr.wi.gov/waterways/permit_apps/permit_apps.html

Wisconsin Department of Natural
Resources (DNR)
Bureau of Watershed Management
101 S. Webster St.
P. O. Box 7921
Madison, WI 53707

U.S. Fish and Wildlife Service - threatened & endangered species
2661 Scott Tower Drive
New Franken, WI 54229
Phone: (920) 866-1717
Fax: (920) 866-1710

Natural Resources Conservation Service
8030 Excelsior Drive
Madison, WI 53717-2906
Phone (608) 662-4422
http://www.wi.nrcs.usda.gov/

FEMA - floodplains
536 S. Clark St., 6th Floor
Chicago, IL 60605
(312) 408-5230

FEMA - Environmental Justice
536 South Clark St. 6th Floor
Chicago, IL 60605
(312) 408-5440

U.S. Bureau of Indian Affairs
Larry Morrin, Liaison
330 S. Second Ave.
Minneapolis, MN 55401
(612) 373-1000
Fax: (612) 373-1186

WI DNR - state forests
101 South Webster Street (53703)
PO Box 7921
Madison, WI 53707-7921

National Forests
Chequamegon-Nicolet National Forest
1170 4th Avenue South
Park Falls, WI 54552
(715) 762-2461
Fax: (715) 762-5179

WI Division of Historic Preservation
816 State Street
Madison, WI 53706

For projects that involve: State Parks, State Forests
or
Debris disposal, asbestos disposal, hazardous materials, general questions contact:
Wisconsin Department of Natural Resources (DNR) www.dnr.wi.gov

Check the site for regional boundaries and contact the appropriate DNR regional office in your area for detailed contact information.

DNR Northern Region (2 offices)
107 Sutliff Ave.
Rhinelander, WI 54501
(715)-365-8900

810 West Maple St.
Spooner, WI 54801
715-635-2101

DNR Northeast Region
2984 Shawano Ave.
PO BOX 10448
Green Bay, WI 54307-0448
(920)-662-5100

DNR West Central Region
1300 W. Clairemont
P. O. Box 4001
Eau Claire, WI 54702-4001
(715)-839-3700

DNR South Central Region
3911 Fish Hatchery Road
Fitchburg, WI 53711
(608) -275-3266

DNR Southeast Region
2300 N. DR Martin Luther King Jr. Dr.
Milwaukee, WI 53212
414-263-8500

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