306A Questionnaire

Section 306A Project Questionnaire

Last Updated: 9/27/18

State coastal management programs must complete this questionnaire for each Coastal Zone Management Act (CZMA) Section 306A project and submit it to NOAA's Office for Coastal Management.

This questionnaire helps applicants collect and record the primary documents typically required for NOAA review and approval of Section 306A projects, including this completed questionnaire, all project information, related grants requirements (e.g., detailed budget), title documentation and appraisal (if applicable), and other information that may be subsequently requested by NOAA.

NOTE: NOAA may request additional documentation as needed; failure to provide in a timely manner may delay or prevent approval. Please use the “Coastal Zone Management Act Section 306A Guidance” [Insert date guidance finalized] for further information.

1. Basic Project Information

   1. Grant and Task Number (if a multi-year award, identify the year of funding): Click here to enter text.

   2. State: Click here to enter text.

   3. Name of Project (and, if different, cooperative agreement task name): Click here to enter text.

   4. Address (city, county, state) or coordinates for project: Click here to enter text.

   5. Project Proponent (must be a public entity): Click here to enter text.

   6. Key Project Contact (coastal management program or local lead, project implementer, or sub-award manager): Click here to enter text.

   7. Involvement of Non-profit Organizations:
      The state coastal management program or sub-recipient will contract with a non-profit organization to complete portions of this project. □ YES □ NO
      If the answer to number 7 is YES, the name of the organization is: Click here to enter text.

   8. Project Start and End Dates (estimated): Click here to enter text.

   9. Date Questionnaire Completed: Click here to enter text.

   10. Total (Federal + Match) Cost: Click here to enter text.
       Federal: Click here to enter text.
       Match: Click here to enter text.

   11. Project Narrative Summary: Insert a high-level, short project description (no more than 400 words) here with project purpose and primary goals, including linkages to the state coastal management program. In addition, please include:

       1. Implementation dates of major elements of the proposed activity;

       2. Frequency of activities within the project schedule (e.g. once per week, 10 days per month, daily);

       3. Deployment and recovery schedules of equipment or structures that would be temporarily or permanently placed in the environment.

A detailed project narrative and budget similar in detail to all award tasks should be provided in a separate file consistent with cooperative agreement requirements.

2. Project Eligibility

   1. 306A Objectives (Check all that apply):

• 306A(b)(1)(A) (preservation or restoration of areas designated in the state coastal management program)
  Identify the designation under the state's coastal management program as required by CZMA section 306(d)(9): Click here to enter text.

• 306A(b)(1)(B) (preservation or restoration of coastal resource of national significance or restoring or enhancing shellfish production/cultch)
  Identify coastal resource: Click here to enter text.

• 306A(b)(2) (redevelopment of deteriorating or underused urban or working waterfronts designated as Areas of Particular Concern in the state’s coastal management program)
  Identify the Area of Particular Concern: Click here to enter text.

• 306A(b)(3) (providing public access to coastal areas)

• 306A(b)(4) (development of process for aquaculture)
  
  

1. 306A Allowable Uses (Check all that apply):

• 306A(c)(2)(A) (fee simple or other interest in land)

• 306A(c)(2)(B) (low-cost construction projects, including most restoration projects)

• 306A(c)(2)(C)(ii) (shoreline stabilization/living shorelines)

• 306A(c)(2)(C)(i) (revitalize urban or working waterfronts-piers)

• 306A(c)(2)(C)(iii) (revitalize urban or working waterfronts-pilings)

• 306A(c)(2)(D) (engineering designs, specifications, other 306A reports)

• 306A(c)(2)(E) (educational, interpretive, and management costs, including signage and kiosks and aquaculture permitting processes)
  
  

3. Public Benefit
   The project must meet all of the following criteria to be eligible for 306A funding:

   1. The project will be for public benefit. □ YES □ NO

   2. The project will be located on a property that is publicly owned or accessible via a publicly-held easement. In the case of acquisition, the property will become publicly owned and accessible as a result of the project.
      □ YES □ NO

   3. The project will not improve private property and will not have a primary purpose of private or commercial gain. □ YES □ NO

If the answer to any of the above questions is “NO”, the project is not eligible for Section 306A funding.

4. The state or sub-recipient will need to secure an easement or lease to conduct the project because the state or sub-recipient does not own the property. □ YES □ NO

If the answer to the above question is “YES,” attach a copy of the easement or lease to this Questionnaire and answer questions 3e and 3f below; if “NO,” go on to 3g.

5. What is the term of the easement or lease? (Provide date of expiration or specify if in perpetuity). Click to enter text.

6. The easement or lease contains a reversionary clause. □ YES □ NO □ N/A
   If yes, attach a copy of the reversionary clause to this questionnaire.

7. The project will be open to the general public. □ YES □ NO □ N/A

If the answer to 3g is “NO,” the project is not eligible for Section 306A funding unless access is to be

limited for a legitimate reason, such as public safety, resource restoration or protection, or scientific

research. Attach an explanation for why the project will not be open to the public and describe the

public benefits that would be provided by the project in absence of the project being open to the general public. For example, a rain garden or living shoreline may provide water quality and ecosystem benefits, but not be “open” to the public for the purposes of access or recreation.

8. The public will be charged a user fee to access the project. □ YES □ NO □ N/A

If the answer to 3h is “YES,” attach an explanation for the user fee, including the amount, whether there will be differential fees (and a justification thereof), the need for the fees, and proposed use of the revenue. The revenue from access fees must be used to maintain the public access site. For additional details, see Guidance Section 2.4.4.

4. Project Geography and Location

   1. Is the project or parcel entirely contained within the State Coastal Zone Boundary?

□ YES □ NO
If the project or acquisition location is not entirely within the State Coastal Zone Boundary, please attach a description of how the project will provide clear and direct benefits to the state coastal program consistent with Section 306A Guidance, Section 2.7.

2. Is the project within the State’s NOAA approved Coastal and Estuarine Conservation Land Program (CELCP) boundary?
   □ YES □ NO □ N/A (state does not have draft or final CELCP plan).

3. Does the acquisition expand an existing National Estuarine Research Reserve (NERR) or support the research reserve system? □ YES □ NO

4. Does the project include an area designated as a unit of the Coastal Barrier Resources System (CBRS)? A CBRS mapper and the official maps of the CBRS are available on the U.S. Fish and Wildlife Service’s website at: https://www.fws.gov/cbra/maps/mapper.html.

□ YES □ NO
If the answer to this question is “YES,” list the unit number(s): Click to enter text.

5. Supporting Documentation for Low-Cost Construction Projects (if your project is land acquisition, skip to 6)

All of the following information is required for low-cost construction projects and must be attached:

1. A title opinion, title insurance commitment/certificate, or affidavit showing that the property on which the proposed project will be located is publicly owned, leased, or under easement in perpetuity or for the expected life of the project (at least 20 years). (Section 306A Guidance, Section 4.3.5)

2. A detailed site plan for the project as described in Section 306A Guidance, Section 4.3.4.

3. A plan to ensure that operations and maintenance are provided for the project for its expected useful life as described in Section 306A Guidance, Section 2.4.11.
   If there is no party that has been identified to conduct operations and maintenance please describe why there is no plan for operations and maintenance.

4. A detailed site location map for the project. If available, please include the relevant USGS quadrangle maps for the site. (Section 306A Guidance, Section 4.3.3)

Go on to Question 7, Project Geography and Location.

6. Supporting Documentation for Land Acquisition Projects

All of the following information is required for land acquisition projects and must be attached:

1. A title opinion or title insurance commitment/certificate showing that the property to be acquired is owned by the contracted seller and is free of encumbrances that could affect the intended uses of the property. Title opinion must be less than one year old. (Section 306A Guidance, Section 4.3.5)

2. Copies of any third-party easements associated with the acquisition. (Section 306A Guidance, Section 4.3.10)

3. An independent appraisal of the fair market value for the property to be purchased that was developed pursuant to the Office for Coastal Management Section 306A Guidance (using Uniform Standards of Professional Appraisal Practice (USPAP) Standards 1 & 2). Appraisal must be less than one year old. (Section 306A Guidance, Section 4.3.11)

4. A legal property survey meeting all applicable state and local requirements for accuracy and sufficiency (Section 306A Guidance, Section 4.3.12)

5. Copy of final deed or conservation easement containing the required NOAA deed restriction. (Section 306A Guidance, Section 4.3.13)

6. A copy of the purchase-sale agreement indicating the selling price. (Section 306A Guidance Section, 4.3.14)

7. Evidence of agreement with willing seller (e.g., letter from seller). (Section 306A Guidance Section, 4.3.15)

3. Project information necessary for NOAA Office for Coastal Management National Environmental Policy Act (NEPA) and environmental compliance review
   Project Information

   1. Provide the detailed information below to describe the proposed activity, either as direct responses to each question below (as feasible), in the detailed project narrative, or as attachments with references to the appropriate question for items such as maps or data tables.

      1. Its purpose, objectives, and goals. Click here to enter text.

      2. Graphics (e.g. figures, photographs), plan diagrams, models. These items, if available, would be additional to a basic site plan and design drawings.

      3. For purposes of compliance with E.O. 11988 and to ensure that relevant coastal hazards are taken into consideration such that projects are designed and maintained to last as long as intended, applicants should include: maps of the existing 100-year and/or 500-year floodplains determined by the Federal Emergency Management Agency (FEMA) or other reputable sources, and other available information relevant to future site conditions. Information in narrative form is acceptable when mapping data are not available consistent with Section 306A Guidance, Section 3.2.7.

      4. Sampling, collection, or observation protocols and operational procedures. Click here to enter text.

      5. Any proposed best management practices, including any and all CZMA Section 6217 management measures that will be employed or on site mitigation to reduce or control project impacts. (Section 306A Guidance, Section 4.3.9) Click here to enter text.

      6. Monitoring measures and protocols for the project (if any). Click here to enter text.

      7. If not fully described in Section 4 of this questionnaire, a description and plan diagram of the proposed impact area, if the proposed activity involves construction, restoration, dredging, excavation, and/or fill. Click here to enter text.

      8. If not fully described in Section A, question 11 of this questionnaire, include a description, including specifications of the equipment or structures (e.g. scientific monitoring equipment, deployment platforms) that would need to be temporarily or permanently placed in the environment. Click here to enter text.

      9. A description of the construction methods and materials to be used during project implementation. Click here to enter text.

   2. List any federally threatened, endangered, or other protected species (e.g. marine mammals) that exist in the project area. If Endangered Species Act or related consultation has been initiated or completed, please attach. Click here to enter text.

   3. If your project has any components that may risk the introduction or spread of non-native invasive species, describe any management practices or protective measures that would be implemented to prevent their introduction. Best practices may include measures such as sanitizing boats and vessels before departure from ports and sterilizing gear/machinery/equipment/materials prior to placement on land or in water. Click here to enter text.

   4. List any hazardous substances or hazardous wastes, as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) or the Resource Conservation and Recovery Act (RCRA) that are used, stored, generated, or released by the proposed activity which could pose any threat to human health and/or the environment. Click here to enter text.

   5. List any potential unique or unknown risks to human health or the environment from the proposed activity. Click here to enter text.

   6. Describe the degree to which the proposed action may have effects on the human environment that are likely to be highly controversial. A project is considered highly controversial if there is a substantial dispute about the size, nature, or effect of the major Federal action rather than the existence of opposition to the use. Click here to enter text.

   7. Is the proposed activity a continuation of, or related to, an ongoing or phased project? □ YES □ NO
      If yes, please include information and attach relevant documents describing the ongoing or phased project. Click here to enter text.

   8. Describe how the project is compatible with relevant local, regional, or state planning and zoning. Click here to enter text.

   9. Describe any changes to scenery or view-sheds in the project vicinity. Click here to enter text.

   10. Describe whether location of the proposed activity includes unique geographic areas of notable recreational, ecological, scientific, cultural, historical, scenic, or aesthetic importance. Examples include, but are not limited to: coral reefs, marine protected areas, National Marine Sanctuaries, essential fish habitat, habitat area of particular concern, critical habitat designated under the Endangered Species Act, park or refuge lands, wild or scenic rivers, wetlands, prime or unique farmland, sites listed on the National Register of Natural Landmarks, sites listed or eligible for the National Register of Historic Places, Tribal lands, sites that are ecologically significant, or critical areas (including areas that are normally inundated by water or areas within the 100-year floodplain). Click here to enter text.

   11. Explain whether the project is likely to have adverse economic or environmental impacts on minority groups, low-income groups, or Native American tribes that are out of proportion with its impacts on other groups. Click here to enter text.

Other Project Location Attributes

12. Will the proposed activity degrade or disturb previously undisturbed areas? □ YES □ NO
    If “YES,” please explain. Click here to enter text.

13. Are there any known previous or ongoing uses of the site, or any other issues that make it likely that contaminants may be uncovered and/or disturbed? □ YES □ NO
    If “YES,” identify the potential contaminant and the circumstances that may uncover or disturb the contaminants. Click here to enter text.

Project Partners, Permits, and Consultations

14. Will the proposed activity be conducted in partnership with NOAA, or require NOAA’s direct involvement, activity, or oversight? □ YES □ NO
    If “YES,” describe NOAA’s involvement, activity, or oversight, including the name of the office or program that is involved. Click here to enter text.

15. List all other interested or affected federal, state, and local agencies; Tribal governments; non-governmental organizations; or minority or economically disadvantaged communities. Describe the listed entities’ involvement, activity, or oversight regarding the proposed activity. Click here to enter text.

16. List all federal, state, and local permits, authorizations, waivers, determinations, and ongoing consultations that would be required for the proposed activity to comply with all applicable environmental laws and regulations. Provide the date the permit, authorization, waiver, or determination was obtained or the date by which it will be obtained. Provide copies of the permits, authorizations, waivers, or determinations that have been secured. (Section 306A Guidance Section 4.3.8)
    If any of the above have expiration dates that could affect project implementation, please note and explain.
    If the project involves wetlands or living shorelines and does not qualify for a U.S. Army Corps of Engineers Nationwide Permit, please note and explain. Click here to enter text.

17. Explain the actions that the coastal management program or sub-recipient has taken to initiate or complete National Historic Preservation Act consultation with the State Historic Preservation Office or Tribal Historic Preservation Office. Click here to enter text.
    Please attach relevant documents. A completed consultation is necessary before the project can be approved. (Section 306A Guidance, Section 4.3.6)

18. Has the project been designed consistent with applicable Americans with Disabilities Act of 1990 (ADA) requirements found in the Section 306A Guidance, Section 2.4.13? □ YES □ NO

Only projects incorporating all required ADA elements can be approved.

19. If there is a lead federal agency for the project, please provide the agency and contact (if known) and describe whether any NEPA document has been completed or is in process for the proposed activity. Click here to enter text.