Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-2 - COASTAL RESOURCES
Subject 391-2-5 - COASTAL INCENTIVE GRANT PROGRAM DESCRIPTION
Rule 391-2-5-.08 - Construction/Acquisition Projects and Terms

Allowable construction/acquisition activities are defined under Section 306A of the Coastal Zone Management (CZM) Act, and as such are defined by statute. Theme related construction/acquisition projects are limited to a federal request of $80,000, may be up to two (2) year projects, and must abide by the terms and conditions in the most recent version of NOAA's 306A guidance document. Applicants may be asked to revise scope of work of construction projects to meet eligibility guidelines and/or NOAA's 306A guidance document. All construction or land acquisition projects must undergo a pre-application site visit by DNR staff prior to submittal of a full application, if invited to submit such. NOAA is currently revising the 306A guidance document and construction/acquisition project terms may be subject to change prior to project start depending on the effective date of the new guidance.

Applicants must meet the objectives and allowable use guidelines under Section 306A of the Coastal Zone Management Act to be considered. At this time, refer to the 1999 Coastal Zone Management Act Section 306A guidance document for full text of objectives and uses. In summary, sub-grants for construction/acquisition projects made under Section 306A may be used for the following activities only:

* The acquisition of fee simple and other interests in land;

* Low-cost construction projects, including but not limited to, paths, walkways, fences, parks, and the rehabilitation of historic buildings and structures;

* The rehabilitation or acquisition of piers to provide increased public use, including compatible commercial activity;

* The establishment of shoreline stabilization measures including the installation or rehabilitation of bulkheads for the purpose of public safety or increasing public access and use;

* The removal or replacement of pilings where such action will provide increased recreational use of urban waterfront areas;

* Engineering designs, specifications, and other appropriate reports related to these activities; and

* Educational, interpretive, and management costs and other related costs NOAA determines to be consistent with the purposes of this section.

Historic Preservation Division of the Georgia Department of Community Affairs (Georgia HPD or HPD): All construction projects must obtain a clearance letter from the Georgia HPD stating no significant impact, or specifying project conditions, as required under Section 106 of the federal Historic Preservation Act of 1966. Applications are considered incomplete and the project cannot begin until a clearance letter from HPD has been returned to the DNR-CRD. It is the applicant's responsibility to provide the HPD clearance letter as a supporting document of the RFP.

Endangered Species Act: All construction projects must obtain a letter from the US Fish and Wildlife Service (FWS) stating there will be no significant impacts, or specifying project conditions, from the proposed project according to Section 7 of the Endangered Species Act. Applications are considered incomplete and the project cannot begin until a clearance letter from the FWS has been returned to the DNR-CRD. It is the applicant's responsibility to provide the FWS clearance letter as a supporting document of the RFP.

NOAA Involvement: All construction project proposals are required to submit a completed 306A Project Questionnaire with their application including documentation in the form of reports, permits, coordination letters from state and federal agencies, maps, and photographs when necessary. Work cannot begin on any construction project until the 306A Project Questionnaire has been reviewed, approved, and signed by NOAA's Coastal Programs Division Chief and the DNR-CRD.

Additionally, federally funded projects are required by the National Environmental Policy Act (NEPA) of 1969 to assess the environmental impact(s) (Public Law 91-190, as amended; 82 Stat. 852, as amended; 42 U.S.C. 4321 - 4347). NOAA is responsible for determining and advising whether a proposed sub-grant project is eligible for a categorical exclusion in accordance with NOAA's NEPA regulations.

O.C.G.A. §§ 12-5-323, 28-5-122.