B01 Attachment 2 Pamunkey Well Specs.pdf

Nashville IHS Office of Environmental Health and Engineering

National Environmental Policy Act – NS-21-H43

NEPA REVIEW

14 December 2021

VA/FL SANITATION FACILITIES FOR

SCATTERED NEW, LIKE-NEW, AND OTHER

HOUSING

CHICKAHOMINY INDIAN TRIBE – PROVIDENCE FORGE, VA

CHICKAHOMINY INDIAN TRIBE – EASTERN DIVISION – PROVIDENCE FORGE, VA

MONACAN INDIAN NATION – MADISON HEIGHTS, VA

NANSEMOND INDIAN NATION – SUFFOLK, VA

PAMUNKEY INDIAN TRIBE – KING WILLIAM, VA

THE RAPPAHANNOCK TRIBE – INDIAN NECK, VA

UPPER MATTAPONI INDIAN TRIBE – KING WILLIAM, VA

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA –

BROWARD, COLLIER, MIAMI-DADE, and HENDRY COUNTIES, FL

IHS Project #: NS-21-H43

Prepared by:

Oscar F. Emerson, PE

Supervisory Environmental Engineer Bangor Field Office

M.C. Smith Federal Building, Room 21100

202 Harlow Street Bangor, ME 04401

Tel. (207) 478-7923

PROJECT: NS-21-H43

Scattered Water and Sewer Facilities

NEPA REVIEW

DATE: 14 December 2021

TABLE OF CONTENTS

Section Description

A Environmental Information and Documentation Form

B Project Summary

Includes repeated Pertinent Descriptions, Locations, and Maps submitted with each subsection supporting documentation (C 1-11) request for review. Subsection specific mapping or locational information documentation(s) required by the given subsection contact included in the given subsection.

(Complete Project Summary incorporated by reference – available upon request)

C Supporting Documentation for EID Form

1 Wetland/Water Resources

2 Floodplains Executive Order (11988)

3 Endangered Species Act

4 Historic Preservation Act

5 Wild and Scenic Rivers Act

6 Coastal Zone Management Act

7 Wilderness Act

8 Farmland Protection Act

9 Safe Drinking Water Act

10 National Protected Areas

11 Others

SECTION – A

ENVIRONMENTAL INFORMATION

AND DOCUMENTATION

Indian Health Service

ENVIRONMENTAL INFORMATION AND DOCUMENTATION Page 1 of 10

Tribe: Federally Recognized Tribes of Virginia & Miccosukee Tribe Reservation: Tribal Service Delivery Areas in Virginia & Florida

Project, Program, Grant Description & Location: Project NS-21-H43, Sanitation Facilities for Scattered New, Like-New, and Other Housing

Note: A “Yes” or “No” response is required for every question. Answer each item completely with adequate supporting information to justify your response.

Depending upon the context and intensity, any consideration listed below can result in an Environmental Assessment.

Consideration Will the proposed action/activity affect the Consideration?

Provide supporting information for your responses and explain any mitigations to be implemented.

1. Will the proposed action result in a known violation or continuance of a violation of applicable (Federal, Tribal, State or local) laws or requirements for protection of environment or public health and safety?

No At the time of this report, specific sites have not been identified. Each site proposed for service will be evaluated on a case-by-case basis for all Federal, Tribal State and Local Codes and laws when the site is known. Project sites are typically located on individually owned lots, generally 3 acres or less.

See Sections B and C.

2. Will the proposed action result in a conflict with existing or proposed Federal, Tribal, state, and local land use plans?

No At the time of this report, specific sites have not been identified. Each site proposed for service will be evaluated on a case-by-case basis for all Federal, Tribal State and Local Codes and laws when the site is known. Project sites are typically located on individually owned lots, generally 3 acres or less.

See Sections B and C.

3. Is there a controversy with respect to environmental effects of the proposed action based on reasonable and substantial issues?

No At the time of this report, specific sites have not been identified. Each site proposed for service will be evaluated on a case-by-case basis for all Federal, Tribal State and Local Codes and laws when the site is known. Project sites are typically located on individually owned lots, generally 3 acres or less.

See Sections B and C.

4. Is the proposed action significantly greater in scope than normal for the area or does it have significant unusual characteristics?

No The proposed action is not greater in scope than what is normally constructed and the proposed facilities consist of standard characteristics generally found in Virginia and Florida.

See Section B.

ENVIRONMENTAL INFORMATION AND DOCUMENTATION Page 2 of 10

Tribe: Federally Recognized Tribes of Virginia & Miccosukee Tribe Reservation: Tribal Service Delivery Areas in Virginia & Florida

Project, Program, Grant Description & Location: Project NS-21-H43, Sanitation Facilities for Scattered New, Like-New, and Other Housing

Consideration Will the proposed action/activity affect the Consideration?

Provide supporting information for your responses and explain any mitigations to be implemented.

5. Does the proposed action establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects?

No The contractor will provide a one year warranty on the constructed facilities; once the warranty has expired, the owner will be responsible for the operation and maintenance of the facilities. In the event the facilities fail causing an adverse affect on the environment, the IHS will conduct a study to determine what caused the failure, including design error, construction error or owner neglect and will follow through with corrective action.

See Section B.

6. Does the proposed action have significant adverse direct or indirect effects on park land, other public lands, or areas of recognized scenic or recreational value? (For example, consider how your activity will affect the view?)

No The facilities to be installed are almost entirely buried or low profile. There are not anticipated to be park lands, other public lands, or lands of scenic value around the project area which are likely to be impacted.

See Sections B and C.

7. Does the proposed action include construction of a new municipal solid waste landfill at a new solid waste disposal site?

No This type of construction is not in the scope of work.

See Section B.

8. Will the proposed action create a need for additional capacity at solid waste disposal facilities?

No The project will not create a need for additional capacity at solid waste disposal facilities.

See Section B.

9. Does the proposed action include construction of a new wastewater treatment facility that will discharge treated sewage effluent to the waters of the U.S.?

No This type of construction is not in the scope of work.

ENVIRONMENTAL INFORMATION AND DOCUMENTATION Page 3 of 10

Tribe: Federally Recognized Tribes of Virginia & Miccosukee Tribe Reservation: Tribal Service Delivery Areas in Virginia & Florida

Project, Program, Grant Description & Location: Project NS-21-H43, Sanitation Facilities for Scattered New, Like-New, and Other Housing

Consideration Will the proposed action/activity affect the Consideration?

Provide supporting information for your responses and explain any mitigations to be implemented.

10. Will the proposed action create a need for additional capacity at wastewater treatment facilities?

No The project will be providing services to scattered sites, most if not all of which will require Wastewater treatment to be performed on-site. However, if any home(s) is(are) proposed for connection to community wastewater treatment facilities, a design review of wastewater treatment facility capacity will be performed to ensure adequate capacity prior to construction.

Project will not create a need for additional capacity of wastewater treatment facilities. See Section B.

11. Will the proposed action create a need for additional capacity in the drinking water supply?

No The project will be providing services to scattered sites, most if not all of which will require on-site individual water supply facilities which is adequate to serve the homes. However, if any home(s) is(are) proposed for connection to community water supply facilities, a design review of water supply capacity will be performed to ensure adequate capacity prior to construction.

Project will not create a need for additional capacity of drinking water supply facilities.

See Section B.

12. Are there other considerations about the proposed action that could adversely affect the environment and/or public health and safety?

No At the time of this report, specific sites have not been identified. Each site proposed for service will be evaluated on a case-by-case basis for all Federal, Tribal State and Local Codes and laws when the site is known. See Sections B and C.

13. Will the proposed action create a need for additional capacity in health care facilities and for health care services?

No The project will reduce the demand on health care system by serving existing homes with sanitation facilities thereby reducing the instance of disease associated with unsanitary conditions.

See Section B.

14. Will the proposed action create a need for additional energy supply or generation?

No Homes proposed to be served with water wells and/or septic systems will require no power or a very small amount of power. Replacement facilities will often reduce power consumption.

ENVIRONMENTAL INFORMATION AND DOCUMENTATION Page 4 of 10

Tribe: Federally Recognized Tribes of Virginia & Miccosukee Tribe Reservation: Tribal Service Delivery Areas in Virginia & Florida

Project, Program, Grant Description & Location: Project NS-21-H43, Sanitation Facilities for Scattered New, Like-New, and Other Housing

Consideration Will the proposed action/activity affect the Consideration?

Provide supporting information for your responses and explain any mitigations to be implemented.

15. Will the proposed action create a need for additional capacity in educational facilities?

No The project will not create a need for additional capacity of educational facilities.

See Section B.

16. Will the proposed action create a need for additional capacity in transportation systems?

No The project will not create a need for additional capacity in transportation systems.

See Section B.

17. Historic Preservation:

a. Does the proposed action involve the purchase, construction, alteration, renovation, or lease of real property or portion of real property that is more that 50 years old?

No Homes that have been identified for service are individually reviewed in consultation with each tribe. Prior to any site being identified, each are reviewed and approved individually after tribal interdepartmental review. Part of this review includes ensuring historic or cultural properties will not be impacted.

b. Will the proposed action adversely affect properties listed, or eligible for listing, on the National Register of Historic Places?

[Buildings, archaeological sites, National Historic Landmarks; objects of significance to a Tribe including graves, funerary objects, and traditional cultural properties. For assistance, consult with the State Historic Preservation Officer (SHPO) or the Tribal Historic Preservation Officer

(THPO)])

No Homes identified for service are individually reviewed in consultation with each tribe. Prior to service at each site, each is reviewed and approved individually after tribal interdepartmental review. Part of this review includes ensuring historic or cultural properties will not be impacted with the appropriate SHPO or THPO.

18. Endangered Species Act: Is the proposed action likely to adversely affect a plant or animal species listed on the Federal or applicable state list of endangered or threatened species or a specific critical habitat of an endangered or threatened species? (Consult with Fish & Wildlife Service or NOAA Fisheries Service. Discovering an endangered or threatened species in the project area will stop the project, and the Endangered Species Act has significant fines and penalties for violations.)

No At the time of this report, sites have not yet been identified. During the evaluation of sites yet to be identified, if in the event endangered or threatened species or a specific critical habitat of an endangered or threatened species are found, consultation will take place according to US Fish & Wildlife Service and applicable State guidelines.

See Section C.

ENVIRONMENTAL INFORMATION AND DOCUMENTATION Page 5 of 10

Tribe: Federally Recognized Tribes of Virginia & Miccosukee Tribe Reservation: Tribal Service Delivery Areas in Virginia & Florida

Project, Program, Grant Description & Location: Project NS-21-H43, Sanitation Facilities for Scattered New, Like-New, and Other Housing

Consideration Will the proposed action/activity affect the Consideration?

Provide supporting information for your responses and explain any mitigations to be implemented.

19. Will the proposed action require major sedimentation and erosion control measures? (Consider earth disturbing activities including construction or expansion of a parking lot.)

No At the time of this report, sites have not yet been identified. Typically facilities consist of small confined level areas taking less than 1 acre. If in the event a home site is found to contain difficult terrain and steep slopes, the Best Management Practices are implemented and followed through by controlling the sedimentation and erosion brought on by storm water runoff.

See Sections B and C.

20. Will the proposed action violate a storm water permit or a wastewater discharge permit either for construction or on-going operations? (Earth disturbing activities may require a Notice of Intent (NOI) to be covered under a storm water general permit or individual permit from the EPA or other agency and a storm water control plan, including some parking lot construction activities. A discharge of wastewater to the environment may require a permit from Tribal, local or state authorities, or

EPA.)

No This project will have no affect on any ongoing permits; typically permits, including NOI are not required due to the small scale of land of which is associated with the individual facilities.

Typically facilities consist of small confined leveled areas taking up less than 1acre.

See Sections B and C.

21. Safe Drinking Water Act: Will the proposed action impact an EPA designated sole source aquifer? (Designation of sole source aquifer puts restrictions and conditions on Federal expenditures, projects, and grants.)

No It is likely that most/all sites fall outside the limits any Sole Source Aquifer areas. Regardless, activities will be performed in accordance with state and federal regulations and are not anticipated to have an adverse impact on groundwater.

See Section B.

22. Wetlands and Water Resources (lakes, rivers, ponds, streams, etc.):

Will the proposed action violate a Section 404 (Clean Water Act) permit for actions in a wetland and/or Section 10 (Rivers and Harbors Act) permit for actions in a stream or river? (Activities in or near a wetland or river may require a permit from the U.S. Army Corps of Engineers or U.S. Coast Guard. Includes: construction in or near any wet or dry waterway, stream crossings, intake structures, outfalls, etc.)

No At the time of this report, sites have not yet been identified. No adverse impacts will result from sites already evaluated. No sites are expected to impact wetlands or water resources but after evaluating a site if it is determined that water resources may be affected, the U.S. Army Corps of Engineers shall be consulted for the appropriate approval process.

See Sections B and C.

ENVIRONMENTAL INFORMATION AND DOCUMENTATION Page 6 of 10

Tribe: Federally Recognized Tribes of Virginia & Miccosukee Tribe Reservation: Tribal Service Delivery Areas in Virginia & Florida

Project, Program, Grant Description & Location: Project NS-21-H43, Sanitation Facilities for Scattered New, Like-New, and Other Housing

Consideration Will the proposed action/activity affect the Consideration?

Provide supporting information for your responses and explain any mitigations to be implemented.

23. Floodplains:

a. Is the proposed action located in either a 100-year or, for critical actions, a 500-year floodplain? (If Flood Insurance Rate Maps do not exist for the project site, a floodplain survey or consultation may be required.

Also may need to consider if the facility will require flood insurance).

No At the time of this report, specific sites have not been identified. Each site proposed for service will be evaluated on a case-by-case basis for all Federal, Tribal State and Local Codes and laws when the site is known. Upon identification of actual sites, floodplain maps will be reviewed, and attached to the individual site ER memo and determinations made at that time. No construction in floodplains is anticipated.

See Sections B and C.

b. Will the proposed action adversely impact flood flows in a floodplain or support development in a floodplain?

No At the time of this report, specific sites have not been identified. No sites are expected to be located within a floodplain but after evaluating a site and identifying if it may be affected by a floodplain, the U.S. Army Corps of Engineers shall be consulted for the appropriate approval process.

See Sections B and C.

24.Existing site: Would the proposed action, involving the purchase, construction or lease of new facilities (including portable facilities and trailers), substantially increase the capacity of an existing health care facility?

No This type of action is not proposed in this project.

See Section B.

25. New site: Does the proposed action involve purchase, construction, or lease of new facilities (including portable facilities and trailers) where such action is for buildings equal to or more than 12,000 square feet (1080 square meters) of useable space when more than 5 acres (2 hectares) of surface land area are involved at a new site?

No This type of action is not proposed in this project.

See Section B.

26. New site: Does the proposed action involve purchase, construction, or lease of health care facilities (other than buildings) for projects equal to or more than 5 acres (2 hectares) of surface land area at a new site?

No This type of action is not proposed in this project.

ENVIRONMENTAL INFORMATION AND DOCUMENTATION Page 7 of 10

Tribe: Federally Recognized Tribes of Virginia & Miccosukee Tribe Reservation: Tribal Service Delivery Areas in Virginia & Florida

Project, Program, Grant Description & Location: Project NS-21-H43, Sanitation Facilities for Scattered New, Like-New, and Other Housing

Consideration Will the proposed action/activity affect the Consideration?

Provide supporting information for your responses and explain any mitigations to be implemented.

27. Does the proposed action involve the sale or transfer of real property, on which any hazardous substance was stored for one year or more, known to have been released, or disposed of? (Provide relevant documentation for any hazardous substance releases. See 40 CFR 373.2(b), 302.4, and 261.30 for reportable quantities.)

No This type of action is not proposed in this project.

See Section B.

28. Does the proposed action involve the sale or transfer of real property, on which underground or above ground storage tanks are located?

No This type of action is not proposed in this project.

See Section B.

29. Will the proposed action violate Tribal, local, state, or Federal law on the use and storage of hazardous substances or the transportation, storage, and disposal of hazardous wastes or medical wastes?

(Activities that may generate reportable quantities include air conditioning repair and service, pesticide application, motor pools, automobile repair, welding, landscaping, agricultural activities, print shops, hospitals, clinics, medical centers, etc. Repair, renovation, or demolition activities can generate waste that has asbestos-containing materials, asbestos, lead-based paint, PCBs, CFCs, etc.)

No This type of action is not proposed in this project.

See Section B.

30. Will the proposed action adversely affect community air pollution for a long period of time? (Consider if your activity must conform to an applicable air quality implementation plan.)

No The time duration of completing a standard on-site sanitation system is approximately 1 week.

Common equipment used includes diesel driven backhoes, excavators and dump trucks;

equipment is only used on an intermittent basis. The proposed activity will have no adverse affect on air pollution or air quality.

See Section B.

31. If the proposed action is implemented, will it have a disproportionately high and adverse human health or environmental impact on the Tribe, low-income populations, or minority populations?

No The project will be providing services to scattered homes with installation of individual water and/or wastewater facilities. It will cause a positive human health or environmental impact on a low-income, minority, Tribal population.

ENVIRONMENTAL INFORMATION AND DOCUMENTATION Page 8 of 10

Tribe: Federally Recognized Tribes of Virginia & Miccosukee Tribe Reservation: Tribal Service Delivery Areas in Virginia & Florida

Project, Program, Grant Description & Location: Project NS-21-H43, Sanitation Facilities for Scattered New, Like-New, and Other Housing

Consideration Will the proposed action/activity affect the Consideration?

Provide supporting information for your responses and explain any mitigations to be implemented.

32. Will the proposed action adversely affect community noise levels? No The time duration of completing a standard on-site sewage system is approximately 1 week.

For drilling an individual well, the duration is typically less than one day. Heavy equipment is only used on an intermittent basis. All equipment is equipped with state approved sound reduction mufflers. The proposed activity will have no adverse affect.

See Section B.

33. Wilderness Act: Will the proposed action adversely impact a Wilderness Area? (Wilderness Areas are specifically designated areas of land.)

No The sites are not anticipated to impact any Wilderness Areas.

See Section B.

34. Farmland Protection Policy Act: Will the proposed action convert significant agricultural lands to non-agricultural uses and exceed 160-point score on the farmland impact rating?

No The project will be providing services to scattered homes with individual water or wastewater facilities. Home sites are typically located on 3 acres or less; the project will take place entirely within service areas where agricultural land use is not common. The proposed facilities consist of small confined areas taking up no more than one acre. The proposed activity will have no adverse affect.

See Section B.

35. Coastal Zone Management Act: Will the proposed action directly affect a Coastal Zone in a manner inconsistent with the State Coastal Zone Management Plan? (All Federal programs or projects in the coastal zone must comply with the consistency provisions of the Act. Each coastal state should have a state office to manage its coastal zone development and use. )

No Work is anticipated to be within the Federal Consistency requirements of the Virginia and Florida CZMP. Specifically, the proposed work is not included within the Virginia Federal Consistency Information Package as subject to review (Federal Assistance type projects do not include those performed by DHHS). Virginia Code 32.1-164 through 164 addresses Shoreline Sanitation requirements for septic systems. Further, the lands of the Miccosukee Tribe of Indians of Florida are exempt from the requirements of the Coastal Zone Management Act as implemented by the State of Florida DEP. Therefore, no impacts will result. See Sections B and C.

ENVIRONMENTAL INFORMATION AND DOCUMENTATION Page 9 of 10

Tribe: Federally Recognized Tribes of Virginia & Miccosukee Tribe Reservation: Tribal Service Delivery Areas in Virginia & Florida

Project, Program, Grant Description & Location: Project NS-21-H43 Sanitation Facilities for Scattered New, Like-New, and Other Housing

Consideration Will the proposed action/activity affect the Consideration?

Provide supporting information for your responses and explain any mitigations to be implemented.

36. Wild and Scenic Rivers Act: Will the proposed action adversely affect a wild, scenic, or recreational river area or create conditions inconsistent with the character of the river? (A consideration for activities that are in or near any wild and scenic waterway including construction of stream/river crossings, intake structures, outfalls, etc.)

No There are no Wild and Scenic Rivers within the limits of the project.

See Sections B & C.

Based on the available record, the IHS has made the following determination on the proposed activity/action/undertaking. The record was examined to identify potential extraordinary or exceptional circumstances which would require further environmental review. (State if an Environmental Impact Statement or Environmental Assessment is needed, or which Categorical Exclusion applies to this activity/action/undertaking).

The project qualifies for a Categorical Exclusion, and no Environmental Assessment is needed.

ENVIRONMENTAL INFORMATION AND DOCUMENTATION Page 10 of 10

Tribe: Federally Recognized Tribes of Virginia & Miccosukee Tribe Reservation: Tribal Service Delivery Areas in Virginia & Florida

Project, Program, Grant Description & Location: Project NS-21-H43, Sanitation Facilities for Scattered New, Like-New, and Other Housing

I certify that to the best of my knowledge and ability the information presented herein is true and correct (enter appropriate information in the shaded blanks):

Project Engineer

Signature (Grantee or responsible, knowledgeable person who completed this document)

Title or Position Date

(e.g., as appropriate, Tribal chair, utility director, diabetes coordinator, project/facility engineer, etc., or Federal official or officer, etc.)

(2) Acting Southern District Engineer

Signature Service Unit Director/District Engineer Title or Position (Service Unit Director, District Engineer) Date

(3) Director, DSFC

Signature IHS Area Program Coordinator/Manager Title or Position (e.g., as appropriate, IHS diabetes coordinator, facility manager/director, DSFC Director, etc.)

Date

(4) AREA NEPA COORDINATOR

Signature Area NEPA Coordinator Date

*Signatories may vary at the IHS Area. At minimum, signatures (1) through (4) are required.

Digitally signed by

SECTION – B

Includes repeated Pertinent Descriptions, Locations, and Maps submitted with each subsection supporting documentation (C 1-11) requests for review. Subsection specific mapping or locational information documentation(s) required by the given subsection contact included in the given subsection.

Complete Project Summary incorporated by reference and available upon request

PROJECT SUMMARY

SECTION – C

Supporting Documentation for the

EID Form

Endangered Species Act, Wetlands, Floodplains

Memorandum

DATE:

TO:

FROM:

December 13, 2021

The Record (Project NS-21-H43, NEPA)

Oscar Emerson, PE Supervisory Environmental Engineer

SUBJECT: VA-FL Scattered Sites NS-21-H43 – Environmental Review

Endangered Species Act, Wetlands, Floodplains

The project will serve individual homes at scattered locations which have not yet been identified, in the established Purchased/Referred Care Delivery Area (PRCDA) for each tribe in the states of Virginia and Florida. Upon identification of actual sites, a US Fish & Wildlife consultation, review of National Wetlands Inventory review, and Federal Emergency Management Agency Floodplain maps review will be performed and addressed during the NEPA reviews for each individual site and placed in the Service Request file in WSTARS for each site. Generally, homes have not been and are not proposed to be, constructed in areas which could impact these resources. This will be confirmed during each site’s individual NEPA review prior to any construction, and if any resources are found to be potentially impacted, the appropriate procedures and Agency consultations/permitting will be performed in accordance with the IHS Environmental Review Manual to ensure NEPA compliance.

Indian Health Service Opelousas Field Office 2341 Larkspur Ln., Suite 1 Opelousas, LA 70570

DEPARTMENT OF HEALTH & HUMAN SERVICES PUBLIC HEALTH SERVICE

Sole Source Aquifers

Coastal Zone Management

Listed Federal Assistance Activities

Table 3.

Federally funded state and local government activities for which consistency certifications must be submitted if the activity directly affects the coastal zone.

Department of Housing and Urban Development –

- Community Development Block Grants

USDA Rural Development –

- Loans and Grants

Fish and Wildlife Service –

- Wildlife Management Plans

National Park Service –

- Parks and Recreation Development Plans

- Historic Site Preservation Plans

- Waterfront Development Activities

EXCERPT FROM: https://www.deq.virginia.gov/Programs/ EnvironmentalImpactReview/FederalConsistencyReviews.aspx PROPOSED

PROJECT DOES NOT MEET DEFINITION OF FEDERAL ASSISTANCE

ACTIVITY

as far as 100 miles inland - the Potomac, Rappahannock, York, and James rivers.There are at least 88 jurisdictions in the coastal management area. The following 29 counties are located in the coastal management area (42 towns within these counties are also included):

Accomack Isle of Wight Northumberland Arlington James City Prince George Caroline King George Prince William Charles City King and Queen Richmond Chesterfield King William Spotsylvania Essex Lancaster Stafford Fairfax Mathews Surry Gloucester Middlesex Westmoreland Hanover New Kent York Henrico Northampton

The following 17 cities are located in Virginia’s coastal management area:

Alexandria Hampton Portsmouth Chesapeake Hopewell Richmond Colonial Heights Newport News Suffolk Fairfax Norfolk Virginia Beach Falls Church Petersburg Williamsburg Fredericksburg Poquoson

Federal Lands: federal lands, the use of which is by law subject solely to the discretion of or which is held in trust by the federal government, its officers or agents, are excluded from Virginia’s coastal management area. However, activities on federal lands with any reasonably foreseeable coastal effects must be consistent with the VCP.

ENFORCEABLE POLICIES COMPRISING VIRGINIA’S COASTAL ZONE

MANAGEMENT PROGRAM

a. Fisheries Management - The program stresses the conservation and enhancement of finfish and shellfish resources and the promotion of commercial and recreational fisheries to maximize food production and recreational opportunities. This program is administered by the Marine Resources Commission (MRC) (Virginia Code §28.2-200 through §28.2-

713) and the Department of Game and Inland Fisheries (DGIF) (Virginia Code §29.1-100 through §29.1-570).

The State Tributyltin (TBT) Regulatory Program has been added to the Fisheries Management program. The General Assembly amended the Virginia Pesticide Use and Application Act as it related to the possession, sale, or use of marine antifoulant paints containing TBT. The use of TBT in

EXCERPT FROM: https://www.deq.virginia.gov/Programs/EnvironmentalImpactReview/ FederalConsistencyReviews.aspx

Florida Coastal Management Program Guide

PROGRAM BOUNDARIES

The CZMA15 requires a state CMP to identify the boundary of its coastal zone, which includes the area of land and water from the territorial limits landward to the most inland extent of marine influences. Following is a description of the seaward and interstate boundaries for the state of Florida:

Seaward Boundaries – The CZMA16 defines the seaward extent of a state’s coastal zone as “to the outer limit of state title and ownership under the Submerged Land Act17 ….”.

Under the Submerged Lands Act, Florida’s title and ownership extends three miles into the Atlantic Ocean and, in accordance with United States vs. Louisiana, et.al., 364 U.S.

502 (1960), three marine leagues (approximately nine nautical miles) into the Gulf of Mexico.

Interstate Boundaries - The western lateral boundary of the FCMP is defined by the adjudicated boundary between Florida and Alabama. The coastal zone boundary in Alabama is the continuous 10-foot contour in Mobile and Baldwin counties. The northern lateral boundary of the state coastal program is the adjudicated boundary between Florida and Alabama and Florida and Georgia. Each state, with the development of its own coastal management program, has consulted with one another to ensure compatibility between each state’s respective boundary designations.

Based upon the geography of Florida and the legal basis for the state program, the entire state of Florida is included within the coastal zone. Geographically, Florida has low land elevation, a generally high water table, and an extensive coastline with many rivers emptying into coastal waters. Few places in Florida are more than seventy miles from either the Atlantic Ocean or the Gulf of Mexico. The result is an interrelationship between the land and coastal waters, which makes it difficult to establish a boundary that would exclude inland areas. Because of this interrelationship, the state boundaries include the entire area encompassed by the state's 67 counties and its territorial seas. The only exceptions are lands the federal government owns, leases, holds in trust, or whose use is otherwise by law subject to the sole discretion of the federal government, its officers, or agents. Lands held by the Seminole and Miccosukee Indian Tribes are also exempted.

Note: For planning and developing coordinated projects and initiatives relating to coastal resource protection and management and for completing federal consistency reviews of federally-licensed and permitted activities18, only the geographical area encompassed by the 35 Florida coastal counties and the adjoining territorial sea is utilized.

15 CZMA § 306(d)(2)(A) (also referred to as 16 U.S.C. § 1455(d)(2)(A)) 16 CZMA § 304(1) (also referred to as 16 U.S.C. § 1453(1)) 17 43 U.S.C. 1301 et seq.

18 Section 380.23(3)(c), F.S.

FL COASTAL ZONE

- TRUST LAND

EXEMPT

Wild and Scenic Rivers Act

+ View larger map

Virginia has approximately 49,350 miles of river, but no designated wild & scenic rivers.

Legend

Virginia does not have any designated rivers.

Choose A State Go

Choose A River Go

NATIONWIDE RIVERS INVENTORY CONTACT US PRIVACY NOTICE Q & A SEARCH ENGINE SITE MAP

VIRGINIA

While progress should never come to a halt, there are many places it should never come to at all. — Paul Newman

NATIONAL SYSTEM MANAGEMENT RESOURCES PUBLICATIONS CONTACT US 50 YEARS SITE INDEX

Page 1 of 2Virginia

5/11/2020https://www.rivers.gov/virginia.php

+ View larger map

Florida has approximately 25,949 miles of river, of which 49.2 miles are designated as wild & scenic—approximately 1/5th of 1% of the state's river miles.

Legend

Loxahatchee River Wekiva River

Choose A State Go

Choose A River Go

NATIONWIDE RIVERS INVENTORY CONTACT US PRIVACY NOTICE Q & A SEARCH ENGINE SITE MAP

FLORIDA

Rivers of the Southeast define diversity, from bayous and rivers pushed by the tides to clear mountain streams with world-class whitewater.

NATIONAL SYSTEM MANAGEMENT RESOURCES PUBLICATIONS CONTACT US 50 YEARS SITE INDEX

Page 1 of 2Florida

5/11/2020https://www.rivers.gov/florida.php