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Home My WebLink AboutCOM 0108.027 2022-2024 Mitchell D. Roth '�-0k��1 Kazuo S. K. L. Todd Mayor �� . ` , 1.iilk' 1�i Fire Chief Deanna S. Sako Eric H. Moller Managing Director ti s t Deputy Fire Chief 'ouutp of R)ataai`i HAWAI`I FIRE DEPARTMENT Fa- 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 Cam. (808)932-2900•Fax(808)932-2928 MEMORANDUM c -< La-7--= �t DATE: March 19, 2024 co TO: Heather Kimball, Council Chair and Members of the Hawai`i County Council VIA: Kay Oshiro, Controller FROM: Kazuo S.K.L. Todd(4-1 " RE: NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. 23-50 (current Budget Ordinance), Section 7(1) Name of Grant Program: Hawai`i County Community Fuels Reduction and Defensible Space Grantor: State of Hawai`i, Hawai`i Emergency Management Agency (HI-EMA) County Grantee Department or Agency: Fire Grant No. (IF KNOWN): FM-5404-001-001R Amount of Grant: $33,200.00 Amount of County Match: $10,375.00 County Revenue & Expenditure Account Numbers: 010.3310.77/010.221.6226.09.xxx Grant Period (Commencement & Completion): 3/13/24-9/13/24 Purpose of Grant: To prepare to implement the community fuels reduction and defensible space project to reduce the risk of wildfire across seven communities and create defensible space across five residential communities. Is final report required by grantor? ®Yes No Comm. 1Vo. ^i, u 104.1} , Notification attached: Yes No, because Ref. To: Ref. Dote MAY 3 1 2024 i :;�� Form NGA 05/19 Hamari Counhy is an Equal Opportunity Provider and Employer. U.S.Department of Homeland Security FEMA Region 9 1111 Broadway,Suite 1200 Oakland,CA 94607 �• OI FEMA March 13,2024 James D.S.Barros Administrator Governor's Authorized Representative Hawaii Emergency Management Agency 4204 Diamond Head Road Honolulu,Hawaii 96816 Reference: Application Approval,HMGP Post-Fire FM-5404-001-OO1R Hawaii County Community Fuels Reduction and Defensible Space, Phase 1 FIPS Code: 001-99001, Supplement 1 Dear James D.S.Barros: We approve and issue Hazard Mitigation Grant Program(BMGP)Post-Fire funds for the Hawaii County,FM-5404-001-001R, Community Fuels Reduction and Defensible Space,Phase 1. The total project cost for phase one is $41,500.00.As shown in the enclosed Obligation Report- Supplement 1,we are obligating$31,125.00 for the 75 percent Federal share;the 25 percent non- Federal share is $10,375.00. We are obligating $2,075.00 for the 100 percent Federal share Subrecipient Management Costs. These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding: Project Phase: Federal Share: Non-Federal Share: Total Project Cost: Phase 1, $31,125.00 $10,375.00 $41,500.00 Supplement 1 Phase 1, $2,075.00 $0.00 $2,075.00 Management Costs This HMGP project approval and obligation of funds are subject to the following conditions: 1. Scope of Work(SOW)—Hawaii County will take the necessary actions to prepare to implement their community fuels reduction and defensible space project. The project will reduce the risk of wildfire by reducing hazardous fuels across seven communities and create defensible space across five residential communities. Phase 1 will include developing an inventory of the exact locations for hazardous fuels removal and defensible space activities. Hawaii County will develop plans and procedures for Best Management Practices Standards, per Hawaii's regulations, and conduct public outreach to property owners.Additionally, www.fema.gov James D.S.Barros March 13, 2024 Page 2 of 3 coordination with regulatory authorities,permitting officials, and grant officials will be included in Phase 1. The following Phase 1 activities and deliverables are expected: Phase 1 Activity Estimated Timeline Develop an inventory of hazardous fuel removal and 2 months defensible space locations,which must include: - Location information(e.g., Google Earth kmz files, GIS shapefiles, or latitude/longitude coordinates in decimal degrees) - Description of the vegetation material to be removed (including all dead trees and shrubs marked for removal) and the method of removal - Locations of special operations surrounding endangered species - Description of the vehicles and equipment to be used - Description of any limits imposed on vegetation removal and restrictions related to slope or topography - Identification of the types of herbicides to be used and distance from any nearby riparian areas - Proposed method and location of vegetation disposal for each project area Conduct public outreach and provide documentation to 2 months confirm coordination with affected landowners Develop a revised schedule for Phase 2 mitigation activities 2 months to include months/seasons when work would occur, including the typical number of workdays/work hours per day Develop plans and procedures to implement Best 1 month Management Practice Standards Provide an updated cost estimate for Phase 2 and benefit cost 2 months analysis (if necessary) Coordinate with regulatory authorities,permitting officials, 2 months and grant officials Please provide the above-referenced deliverables once completed to the assigned FEMA Hazard Mitigation Assistant(HMA) Specialist for review and inclusion within the official grant file. 2. Phase 1 Completion Date—The work schedule included with the project application indicates that Phase 1 will take 6 months to complete;therefore, the Phase 1 completion date is September 13, 2024. All Phase 1 project deliverables must be submitted to the assigned FEMA HMA Specialist by the Phase 1 completion date. Please inform the sub-recipient that work completed after this date is not eligible for federal funding, and that federal funds may James D.S.Barros March 13,2024 Page 3 of 3 be de-obligated for work completed outside the completion date when there is no approved time extension. 3. Phase 2 Approval—Please inform the sub-recipient that Phase 2 approval is contingent on programmatic review and Environmental and Historical Preservation(EHP) approval.Phase 2 activities may not commence until written approval has been received. Any Phase 2 activities completed prior to approval may be de-obligated. In addition, if Phase 2 is unapproved, federal funds may be de-obligated for previously completed Phase 1 activities. 4. Record of Environmental Considerations (REC)—Phase 1 of this project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108- 1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023-01-001- 01, Revision 1. Categorical Exclusions A4 (information gathering, data analysis and processing, information dissemination,review, interpretation, and development of documents) and A7 (the commitment of resources,personnel, and funding to conduct audits, surveys, and data collection of a minimally intrusive nature) have been applied.Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance, including funding. 5. Standard Conditions—This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds - may be de-obligated for work that does not comply with these conditions. If you have any questions please contact Emily Baumgartner, Senior Grants Management Specialist, by email at emily.baumgartner@fema.dhs.gov, or phone (202) 322-5375. Sincerely, Digitally signed by KATHRYN J KATHRYN J LIPIECKU,LIPIECKI Dafe:2024.03.13 20:17:44-07'00' Kathryn Lipiecki Director,Mitigation Division FEMA Region 9 Enclosures (5): Obligation Report- Supplement 1 Record of Environmental Considerations (REC) Endangered Species Act(ESA)Best Management Practices (BMPs) and Avoidance Minimization Measures (AMMs) for the Subapplicant and Contractors ESA BMPs and AMMs for Defensible Space Project Participants Standard Mitigation Grant(FIMGP) Conditions cc: Kelsey Yamanaka,Acting State Hazard Mitigation Officer, HI-EMA Robert McCord, Chief,Hazard Mitigation Assistance Branch,FEMA Region 9 3/13/2024 FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01 4:09 PM HAZARD MITIGATION GRANT PROGRAM Obligation Disaster FEMA Amendment State Action Supplemental No Project No No Application ID No No State Recipient 5404 1 -R 0 1 1 0 HI Statewide Subrecipient:Hawaii(County) Project Title:Community Fuels Reduction and Defensible Space Subrecipient FIPS Code:001-99001 Total Amount Total Amount Total Amount Total Amount Available Previously Allocated Previously Obligated Pending Obligation for New Obligation $31,125.00 $31,125.00 $0.00 $0.00 Subrecipient Management Project Amount Cost Amount Total Obligation IFMIS Date IFMIS Status FY $31,125.00 $2,075.00 $33,200.00 03/13/2024 Accept 2024 Comments Date: 03/13/2024 User Id: RHIRST Comment: Obligate$31,125.00 Federal Share and SRMC$2,075.00,totaling$33,200.00,for approved FM-5404-01-01R-Hawaii County Comm Fuels Reduction and Defensible Space-Phase 1 Authorization Preparer Name: REILLY HIRST Preparation Date: 03/13/2024 HMO Authorization Name: EMILY BAUMGARTNER HMO Authorization Date: 03/13/2024 Page 1 of 1 01/12/2024 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 20:57:43 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-5404-0001-HI(FM 5404-001-001)(1) Title: Hawaii County-Community Fuels Reduction and Defensible Space Project NEPA DETERMINATION Non Compliant Flag: No EA Draft Date: EA Final Date: EA Public Notice Date: EA Fonsi Level: CATEX EIS Notice of Intent EIS ROD Date: Comment Hawaii Fire Department proposes a wildfire hazard mitigation project in Kamuela,Hawaii County,Hawaii (19.94548,-155.47229).The project will reduce the risk of wildfire by implementing measures that will reduce fuels and create defensible space in the areas affected by the Hawaii Mana Road Fire Disaster. This will be a phased project and this review covers Phase 1 actions only. Phase 1 will consist of developing an inventory of the exact.locations for hazardous fuels removal and assessment of hazardous conditions.Once the locations are established,an inventory of the vegetative material for locations will be developed.All dead trees and shrubs will be marked for removal and locations for special operations surrounding endangered species will be marked. Phase 1 will include the development of plans and procedures for Best Management Practices Standards,per Hawaii's regulations,public outreach to property owners,and inventory development for properties where defensible spaces work is planned.Additionally,coordination with regulatory authorities,permitting officials,and grant officials will be included in Phase 1.This Phase 1 project involves no ground disturbing activities or alterations to existing structures;if the project scope of work changes to include these actions,additional environmental review will be required. This Phase 1 project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023-01-001-01, Revision 1.Categorical Exclusions A4(Information gathering,data analysis and processing,information dissemination,review,interpretation,and development of documents)and A7(the commitment of resources,personnel,and funding to conduct audits,surveys,and data collection of a minimally intrusive nature)have been applied.Particular attention should be given to the project conditions before and during project implementation.Failure to comply with these conditions may jeopardize federal assistance including funding. -rbailel l-01/11/2024 17:00:29 GMT CATEX CATEGORIES Catex Category Code Description Selected a4 (a4)Information gathering;data analysis and processing,information Yes dissemination,review,interpretation,and development of documents. If any of these activities result in proposals for further action,those proposals must be covered by an appropriate CATEX. Examples include but are not limited to:(a) Document mailings,publication and distribution,training and information programs,historical and cultural demonstrations,and public affairs actions.(b) Studies,reports,proposals,analyses,literature reviews;computer modeling; and non-intrusive intelligence gathering activities. a7 (a7)The commitment of resources,personnel,and funding to conduct audits, Yes surveys,and data collection of a minimally intrusive nature. If any of these commitments result in proposals for further action,those proposals must be covered by an appropriate CATEX. Examples include,but are not limited to:(a) Activities designed to support the improvement or upgrade management of natural resources,such as surveys for threatened and endangered species, wildlife and wildlife habitat,historic properties,and archeological sites;wetland delineations;timber stand examination;minimal water,air,waste,material and soil sampling;audits,photography,and interpretation.(b)Minimally-intrusive geological,geophysical,and geo-technical activities,including mapping and engineering surveys.(c)Conducting Facility Audits,Environmental Site Assessments and Environmental Baseline Surveys,and(d)Vulnerability,risk, and structural integrity assessments of infrastructure. NOTE:All times are GMT using a 24-hour clock. Page 1 of 4 01/12/2024 FEDERAL EMERGENCY MANAGEMENTAGENCY REC-01 20:57:43 • RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-5404-0001-HI(FM 5404-001-001)(1) Title: Hawaii County-Community Fuels Reduction and Defensible Space Project EXTRAORDINARY Extraordinary Circumstance Code Description Selected? No Extraordinary Circumstances were selected ENVIRONMENTAL LAW/EXECUTIVE ORDER Environmental Law/ Executive Order Status Description Comment Clean Air Act(CAA) Completed Project will not result in permanent air Hawaii has no non-attainment areas for any emissions-Review concluded criteria pollutant.The scope of work associated with this undertaking is exempt from a conformity determination under the General Conformity Rule.-rbailel l -01/11/2024 17:06:10 GMT Coastal Barrier Resources Act Completed Project is not on or connected to CBRA Unit (CBRA) - or otherwise protected area-Review concluded Clean Water Act(CWA) Completed Project would not affect any water of the U.S. -Review concluded Coastal Zone Management Act Completed Project is located in a coastal zone area FEMA-funded projects are not subject to Federal (CZMA) and/or affects the coastal zone consistency certification and review under the Hawaii Coastal Zone Management Program according to https://coast.noaa.gov/data/czm/consistency/me dia/hi.pdf.However,the Sub-recipient must contact the Hawaii Office of Planning for any additional CZMA permitting requirements if applicable.-rbailel l -01/11/2024 17:05:26 GMT Completed State administering agency does not require consistency review-Review concluded Executive Order 11988- Completed No effect on floodplain/flood levels and Phase 1 of the project is for planning and Floodplains project outside floodplain-Review concluded outreach,which does not involve potential impacts to the floodplain.See Attached Map.- rbailel l -01/11/2024 17:08:16 GMT Executive Order 11990- Completed No effects on wetlands and project outside Phase 1 of the-project is for planning and Wetlands wetlands-Review concluded outreach,which does not involve potential impacts to wetlands.See Attached Map.- rbailel l-01/11/2024 17:08:41 GMT Executive Order 12898- Completed No Low income or minority population in, This project has been determined to have limited Environmental Justice for Low near or affected by the project-Review or no potential to adversely affect minority or low Income and Minority Populations concluded -income populations according to Exemption Vl.h (Planning related activities)in Step 1 of the EO 12898 Interim Guidance,dated September 2023. FEMA has no further EO 12898 responsibilities with regard to these activities.-rbailel 1 - 01/11/2024 17:09:03 • NOTE:All times are GMT using a 24-hour clock. Page 2 of 4 01/12/2024 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 20:57:43 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-5404-0001-HI(FM 5404-001-001)(1) Title: Hawaii County-Community Fuels Reduction and Defensible Space Project Environmental Law/ Executive Order Status Description Comment GMT Endangered Species Act(ESA) Completed Listed species and/or designated critical A No Effect Memorandum has been prepared as habitat present in areas affected directly or it has been determined that the proposed Phase indirectly by the federal action 1 actions would result in No Effect to federally listed species or designated critical habitat. Consultation with the US Fish and Wildlife Service and/or the National Marine Fisheries Service is not required for Phase 1.See attached No Effect Memorandum.-rbailel 1- 01/11/2024 17:03:52 GMT Completed No effect to species or designated critical habitat(See comments for justification)- Review concluded Farmland Protection Policy Act Completed Project does not affect designated prime or (FPPA) unique farmland-Review concluded Fish and Wildlife Coordination Completed Project does not affect,control,or modify a Act(FWCA) waterway/body of water-Review concluded Migratory Bird Treaty Act(MBTA) Completed Project located within a flyway zone Completed Project does not have potential to take migratory birds-Review concluded Magnuson-Stevens Fishery Completed Project not located in or near Essential Fish Conservation and Management Habitat-Review concluded Act(MSA) National Historic Preservation Act Completed Not type of activity with potential to affect Pursuant to Stipulation I.A.7.d(Monitoring,data (NHPA) historic properties-Review concluded</br> gathering,and reporting in support of emergency and disaster planning,response and recovery and hazard activities)and I.A.7.f(Assistance provided for planning,studies,design and engineering costs that involve no commitment of resource other than staffing and associated funding)of the Programmatic Agreement among the Federal Emergency Management Agency (FEMA),the Hawaii State Historic Preservation Officer(SHPO),the Office of Hawaiian Affairs, and the Hawaii Department of Defense,signed July 12,2016 amended June 30,2023,FEMA has determined that the Undertaking as described will have no potential to affect historic properties.Thus,the Undertaking does not require SHPO.review,and FEMA has no further Section 106 responsibilities NOTE:All times are GMT using a 24-hour clock. Page 3 of 4 01/12/2024 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 20:57:43 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-5404-0001-HI(FM 5404-001-001)(1) Title: Hawaii County-Community Fuels Reduction and Defensible Space Project Environmental Law/ Executive Order Status Description Comment in accordance with 36 CFR 800.3(a)(1).- rbailel l -01/11/2024 17:03:31 GMT Wild and Scenic Rivers Act Completed Project is not along and does not affect Wild (WSR) and Scenic River-Review concluded CONDITIONS • Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal,state and local requirements.Acceptance of federal funding requires recipient to comply with all federal,state and local laws.Failure to obtain all appropriate federal,state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction,applicant will monitor ground disturbance and if any potential archeological resources are discovered,will immediately cease construction in that area and notify the State and FEMA. NOTE:All times are GMT using a 24-hour clock. Page 4 of 4 HMGP-5404-0001-11I Endangered Species Act (ESA) Best Management Practices (BMPs) and Avoidance and Minimization Measures (AMMs) for the Subapplicant and Contractors These project-specific measures are taken from the Biological Evaluation(BE) for Standard Local Operating Procedures for ESA-Listed Species (SLOPES) in the Hawaiian Islands and Pacific Islands (June 2021). As a condition of these SLOPES implementation.of the following BMPs and AMMs are required. 6.1. General Conditions 1. Each applicable condition, BMP,AMM, are conservation measures and are to be included as an enforceable part of the approval document. 2. FEMA and the USFWS PIFWO may be provided reasonable access to projects authorized under these SLOPES to monitor the compliance with and effectiveness of approval conditions. 3. Each approval will contain the requirement that the applicant document and report to USFWS, all interactions with listed species. Should it become apparent that an ESA- listed species may be adversely affected by the project, all work must stop pending completion of consultation between FEMA and USFWS for the action and reinitiating approval. 4. Constant vigilance shall be kept for the presence of ESA-listed species during all aspects of the approved action. All sites with the potential for listed species to occur will have a biological monitor on-site to enforce conservation measures and buffer distances. a. A responsible party (i.e., applicant/site manager/project supervisor) shall designate a qualified biologist knowledgeable of the species life cycles, and able to identify individuals in all life stages and their representative nests and eggs to survey work sites and the areas adjacent to the authorized work area for ESA- listed species,while all personnel shall be briefed on the species with the potential to occur in the project area.A qualified biologist consists of an environmental professional with at least a bachelor's degree in biology,Ecology, Natural Resources,Environmental Sciences, or similar, and has significant experience over multiple years working with federally listed species,their habitats, and Endangered Species Act implementation in Hawaii and/or the Pacific Islands. The action area encompasses all areas to be affected directly or indirectly by the Federal action. This includes the project footprint and areas beyond the project footprint where stressors such as noise,night-time lighting, and changes in water quality, air quality, wind exposure, sunlight, or humidity may affect listed plants or animals as a result of project implementation. b. Surveys shall be conducted including laydown and staging areas for individuals of ESA-listed species as well as their nests and eggs prior to the start of work each day. Periodic additional surveys throughout the workday are strongly recommended following any breaks; and. c. No one shall attempt to feed,touch(e.g.,pet, relocate, etc.), or otherwise intentionally interact with any protected species. 5. Project footprints must be limited to the minimum area necessary to complete the project and project work limits clearly defined. 1 6. The project area must be flagged to identify sensitive resource areas, such as listed terrestrial plants and nests, however, orange plastic"snowmobile"fencing and smaller than three inch by three-inch mesh size, and loose-weave joints for projects on or near the coast or suitable waterbird habitat is prohibited due to the ensnarement hazard that exists with this type of material. 7. Project operations must cease under unusual conditions, such as large tidal events,heavy storms, and high surf conditions,with the exception of emergency protective measures implemented to preserve life and property resulting from such conditions. 8. A storm water management plan, commensurate to the size of the project must be prepared and carried out, for any project that will produce any new impervious surface or a land cover conversion that will slow the entry of water into the soil,to ensure that effects to water quality and hydrology are minimized. 9. A pollution and erosion control plan for the project site and adjacent areas must be prepared and carried out. As a minimum,this plan shall include: a. Proper installation and maintenance of silt fences, booms, equipment diapers, and/or drip pans. b. A contingency plan to control and clean spilled petroleum products and other toxic materials. c. Appropriate materials to contain.and clean potential spills will be stored at the worksite and be readily available. d. All project-related materials and equipment placed in the water will be free of pollutants. e. Daily pre-work inspections of heavy equipment for cleanliness and leaks,with all heavy equipment operations postponed or halted until leaks are repaired and equipment is cleaned. f. Fueling of project-related vehicles and equipment will take place at least 50 feet away from the water,preferably over an impervious surface. g. A plan will be developed to prevent trash and debris from entering the environment during the project; and h. All construction discharge water(e.g., concrete washout,pumping for work area isolation, vehicle wash water, drilling fluids, etc.)must be treated prior to discharge or disposed of in an approved waste disposal facility. 10. Erosion controls must be properly installed before any alteration of the area may take place. When erosion control is necessary selecting products with biodegradable netting (natural fiber,biodegradable polyesters) is preferred as well as netting with flexible, non-welded,rectangular shaped mesh.Additional options exist that include open weave textile, rolled erosion control products with woven,natural fiber netting. Erosion control products that require UV-light to biodegrade, netting with square mesh,plastic mesh are not permitted. Actions within listed snail and plant habitat will also include dust barriers to reduce negative effects. 11. Temporary access roads and drilling pads must avoid steep slopes of 15 degrees or steeper where grade, soil types, or other features suggest a likelihood of excessive erosion or failure; existing access routes must be utilized or improved whenever possible, in lieu of the construction of new access routes. 2 12. All disturbed areas must be immediately stabilized in accordance with aforementioned erosion controls following cessation of activities in advance or any break in work longer than four(4) days. 13. Drilling and sampling associated waste or spoils must be completely isolated and disposed of in an upland location and approved disposal site. Disposal sites will be previously permitted by USFWS PIFWO and subject to individual project compliance review based on the Action Area; and 14. Authorized work must comply with all applicable general, activity- and species-specific conditions. 6.2 Biosecurity Protocols 1. All work vehicles,machinery, and equipment are to be cleaned, inspected by its user, and found free of mud, dirt, debris and organisms prior to entry into and exit from the natural areas or native habitat. a. Vehicles, machinery, and equipment must be thoroughly pressure washed in a designated cleaning area(designated by the responsible land manager) and visibly free of mud,dirt,plant debris, insects, frogs (including frog eggs) and other vertebrate species such as rats,mice and non-vegetative debris. A hot water wash is preferred. Areas of particular concern include bumpers, grills, hood compartments, areas under the battery, wheel wells, undercarriage, cabs, and truck beds (truck beds with accumulated material (intentionally placed or fallen from trees) are prime sites for accidental transport of invasive species). b. The interior and exterior of vehicles,machinery, and equipment must be free of rubbish and food. The interiors of vehicles and the cabs of machinery must be vacuumed clean. Floor mats shall be sanitized with a solution of>70% isopropyl alcohol or a freshly mixed 10%bleach solution. c. Any machinery,vehicles, equipment, or other supplies found to be infested with ants (or other invasive species) must not enter natural areas or native habitat. Treatment is the responsibility of the equipment or vehicle owner and operator. 2. Little Fire Ants -All work vehicles,machinery, and equipment are to be inspected for invasive ants prior to entering the natural areas or native habitat. a. A visual inspection for little fire ants is to be conducted prior to entry into natural areas or native habitat. b. Hygiene is paramount but even the cleanest vehicle may transport little fire ant. Place MaxForce Complete Brand Granular Insect Bait(1.0% Hydramethylnon) into refillable tamper resistant bait stations. An example of a commercially available refillable tamper resistant bait station is the Ant Cafe Pro (https://www.antcafe.com/). Place a bait station(or stations) in vehicle. Note larger vehicles, such as trucks,may require multiple stations.Monitor bait stations frequently(every week at a minimum) and replace bait as needed. If the station does not have a sticker to identify the contents, apply a sticker listing contents of the station. c. Any machinery,vehicles, equipment, or other supplies found to be infested with ants (or other invasive species)must not enter natural areas or native habitat until it is sanitized and re-tested following a resting period of at least 3 24 hours. Infested vehicles must be sanitized following recommendations by the Hawaii Ant Lab (http://www.littlefireants.com) or other ant control expert and in accordance with all State and Federal laws. Treatment is the responsibility of the equipment or vehicle owner and operator. d. Gravel,building materials, or other equipment such as portable buildings are to be baited using MaxForce Complete Brand Granular Insect Bait(1.0% Hydramethylnon) or AmdroPro (0.73%Hydramethylnon) following label guidance. e. Storage areas that hold field tools, especially tents,tarps, and clothing are to be baited using MaxForce Complete Brand Granular Insect Bait(1.0% Hydramethylnon) or AmdroPro (0.73%Hydramethylnon) following label guidance.Note: The authors' use of trade names is for descriptive purposes only and does not imply endorsement-by the US Government.All pesticides must be applied in accordance with State and Federal laws. 3. Base yards and staging areas inside and outside natural areas and native habitat must be kept free of invasive species. a. Base yards and staging areas are to be inspected at least weekly for invasive species and any invasive found is to be removed immediately. The local land manager(s)will determine what species are to be targeted in these inspections and removal procedures. The local land manager will also ensure regulatory compliance with all activities. Land managers are to pay particular attention to where vehicles are parked overnight,keeping areas within 10-meters of vehicles free of debris.Parking on pavement and not under trees,while not always practical, is best. b. Project vehicles or equipment stored outside of a base yard or staging area, such as a private residence, are to be kept in a pest free area as defined by the onsite land or project manager. 4. All cutting tools used in natural areas and native habitat must be sanitized to prevent the spread of the Rapid Ohi'a Death (ROD) fungus. a. Avoid wounding'ohi'a trees and roots with mowers, chainsaws,weed eaters, and other tools. Cut only the minimum number of trees and branches as approved for the project. b. All cutting tools, including machetes, chainsaws, and loppers must be sanitized to remove visible dirt and other contaminants prior to entry into natural areas or areas with native habitat, and when moving to a new project area within the native habitat area. Tools may be sanitized using a solution of >70%isopropyl alcohol or a freshly mixed 10%bleach solution. One minute after sanitizing,you may apply an oil based lubricant to chainsaw chains or other metallic parts to prevent corrosion. - c. Only dedicated tools and chainsaws are to be used to sample known or suspected ROD infected trees. d. Vehicles,machinery, and equipment must be cleaned as described in(1) above. 5. Imported'ohi'a firewood, logs, and'ohi'a parts: • a. 'Ohi'a firewood, logs, and parts are not to be transported. For more guidance see: https://cros.ctahr.hawaii.edu/rod/ 4 6. For individuals working in the field: a. Before going into the field,visually inspect and clean your clothes, boots, pack, radio harness,tools, and other personal gear and equipment, for seeds, soil,plant parts, insects, and other debris. A small brush is handy for cleaning boots, equipment and gear. Soles of shoes are to be sanitized using a solution of>70%isopropyl alcohol or a freshly mixed 10%bleach solution. b. Immediately before leaving the field, visually inspect and clean your clothes, boots,pack,radio harness,tools, and other personal gear and equipment, for seeds, soil,plant parts, insects, and other debris. Soles of shoes are to be sanitized using a solution of>70% isopropyl alcohol or a freshly mixed 10% bleach solution. c. Little fire ants nest in trees. If you are under a tree and that tree is bumped or somehow stressed,the threat response of the ants is to fall from the leaves and sting the person under the tree. If you are subject to an ant attack, do not panic. The ants are extremely small, but their stings are painful, so make sure you remove all ants from your body and clothing. The stings cause inch long welts that are itchy and painful and can last for weeks. Treat stings as you would other insect stings. In some-persons, stings can produce life threatening reactions. Stocking antihistamine in the first aid kit is a reasonable precaution. d. Rat Lungworm disease is caused by a parasite that can infect humans who consume raw or undercooked infected snails or slugs or consume raw produce that contains a small, infected snail or slug. Infection is rare but can be serious. Symptoms can include severe headache, neck stiffness, low grade fever,nausea, and vomiting anywhere from 1-6 weeks after exposure. The disease is not spread person to person.Anyone who handles snails or slugs is to wear gloves and/or wash hands. Eating unwashed produce is discouraged. 7. Brown Treesnakes (BTS) and Coconut Rhinoceros Beetle(CRB)=General BMPs to prevent the spread from Guam to other ports of entry: a. BTS and adult CRB are nocturnally active. From sunset to sunrise,both species are at greatest risk to contact and enter cargo or transportation vehicles (e.g.,planes,boats,vehicles). The loading of cargo containers,boats,planes, or any transport vessels will be conducted during daylight hours when there is a lower chance of movement of individuals. b. CRB are attracted to light. Cargo loading areas will only be operated during the day and all containers will be closed and away from lighted areas at night. c. All,cargo or transportation vehicles (e.g.,planes, boats,vehicles) originating on Guam will be inspected for BTS and CRB. d. Private boats departing Guam small boat harbors and bound for locations in the CNMI will be inspected for BTS and operators can receive a free inspection from USDA Wildlife Services (WS). e. Cargo can be anything and packed in any way: loose (breakbulk),palletized, containerized, etc. f. Inspect all outbound aircraft,boats, cargo,household goods,vehicles, and any items that may depart Guam via the transportation network. g. Cargo will be inspected at all stages of build-up all the way through to departure.Final cargo inspections will be as close to loading as possible. 5 h. Building and construction materials, in particular pipes,personal vehicles or breakbulk cargo are of greatest risk to harbor BTS. These items will be inspected by a WS BTS canine detector dog team. i. Inspections for either species will be conducted during the day and occur during daylight hours the day of departure prior to 1800 hours. j. Inspections will be conducted using canine BTS detector dog teams. Contact WS on Guam to schedule inspections. Contact Guam WS at(671) 635-4400 or fax(671) 635-4401 for more information on the inspection of cargo and household goods. 6.3. Water Quality FEMA will apply the following set of general water quality BMPs to each action authorized under these SLOPES. The following measures will be required, as applicable, and incorporated into projects to minimize the degradation of water quality and minimize the impacts to fish and wildlife resources (USFWS, 2018). 1. Turbidity and siltation from project-related work shall be minimized and contained within the vicinity of the site through the appropriate use of effective silt containment devices and the curtailment of work during adverse tidal and/or weather conditions. 2. Dredging/filling in the marine environment shall be scheduled to avoid coral spawning and recruitment periods and sea turtle nesting and hatching periods. 3. Dredging and filling in the marine/aquatic environment shall be designed to avoid or minimize the loss special aquatic site habitat(beaches, coral reefs,wetlands, etc.) and the function of such habitat shall be replaced. 4. All project-related materials and equipment(dredges, barges, backhoes, etc.)to be placed in the water shall be cleaned of pollutants prior to use. 5. No project-related materials (fill,revetment rock,pipe, etc.) should be stockpiled in the water(intertidal zones, reef flats, stream channels,wetlands, etc.) or on beach habitats. 6. All debris removed from the marine/aquatic environment shall be disposed of at an approved upland or ocean dumping site. 7. No contamination (trash or debris disposal,non-native species introductions, attraction of nonnative pests, etc.) of adjacent habitats shall result from project-related activities. This shall be accomplished by implementing a litter-control plan and developing a Hazard Analysis and Critical Control Point Plan to prevent attraction and introduction of non- native species. 8. Fueling of project-related vehicles and equipment should take place at least 50 feet away from the water and a spill prevention, control, and countermeasure (SPCC)plan to control petroleum products accidentally spilled during the project shall be developed. Absorbent pads and containment booms shall be stored on-site, if appropriate,to facilitate the clean-up of accidental petroleum releases. 9. Any under-layer fills used in the project shall be protected from erosion with stones (or core-loc units) as soon after placement as practicable. 10. Any soil exposed near water as part of the project shall be protected from erosion(with plastic sheeting, filter fabric etc.) after exposure and stabilized as soon as practicable (with native or noninvasive vegetation matting,hydroseeding, etc.). 6 6.4. Species-Specific Avoidance and Minimization Measures The following measures will be required, as applicable, and incorporated into projects to minimize the impacts to threatened and endangered animals and plants. In addition, applicants must adhere to the species avoidance dates provided in Appendix E below, which include survey requirements and other restrictions by species (USFWS, 2017,2019bb, 2019cc). For the purpose of this document, a qualified biologist consists of an environmental professional with at least a bachelor's degree in Biology,Ecology,Natural Resources,Environmental Sciences, or similar, and has significant experience over multiple years working with federally listed species,their habitats, and Endangered Species Act implementation in Hawaii and/or the Pacific Islands. 6.4.3.Hawaiian Goose(Branta sandvicensis) 1. Do not approach, feed, or disturb nene. 2. If nand are observed loafing or foraging within the project area during the breeding season(September 1 to April 30), halt work and have a qualified biologist familiar with the nesting behavior of nene survey for nests in and around the project area prior to the resumption of any work. Repeat surveys after any subsequent delay of work of 3 or more days (during which the birds may attempt to nest). 3. Cease all work immediately and contact the PIFWO for further guidance if a nest is discovered within a radius of 100 ft of proposed work, or a previously undiscovered nest is found within said radius after work begins.A 150 ft boundary will be clearly marked around the nest with guidance from a qualified biologist, and activities will remain outside the boundary. 4. In areas where nand are known to be present or observed during construction,post and implement reduced speed limits, and inform project personnel and contractors about the presence of endangered species on-site. 6.4.5.Blackburn's Sphinx Moth (Manduca blackburnf) 1. A qualified biologist familiar with the species should survey areas of proposed activities for Blackburn's sphinx moth and its larval host plants prior to work initiation. 2. Surveys should be conducted during the wettest portion of the year (usually November 1 - to April 30 or several weeks after a significant rain) and within 4 to 6 weeks prior to construction. 3. Surveys should include searches for eggs, larvae, and signs of larval feeding(chewed stems, frass, or leaf damage). 4. If moths or the native aiea or tree tobacco over 3 ft tall are found during the survey, please contact USFWS for additional guidance to avoid take. If no Blackburn's sphinx moth, aiea, or tree tobacco are found during pre-construction surveys, it is imperative that measures be taken to avoid attraction of Blackburn's sphinx moth to the project location and prohibit tree tobacco from entering the site: 5. Remove any tree tobacco less than 3 ft tall. 6. Monitor the site every 4 to 6 weeks for new tree tobacco growth before, during and after the proposed ground-disturbing activity. 7. Monitoring for tree tobacco can be completed by any staff, such as groundskeeper or regular maintenance crew,provided with picture placards of tree tobacco at different life stages. 6.4.7. Hawaiian Hoary Bat(Lasiurus cinereus semotus) 1. Do not disturb,remove, or trim woody plants greater than 15 ft tall during the bat birthing and pup rearing season (June 1 through September 15). 2. Do not use barbed wire for fencing. 6.4.9. Hawaiian Seabirds 1. Fully shield all outdoor lights so the bulb can only be seen from below bulb height and only use when necessary. 2. Install automatic motion sensor switches and timer controls on all outdoor lights or turn off lights when human activity is not occurring in the lighted area. 3. Avoid nighttime construction during the seabird fledging period, September 15 through December 15. For projects occurring near known colonies, include the following BMPs: 4. Where fences extend above vegetation, integrate three strands of polytape into the fence to increase visibility. 5. For powerlines, guywires and other cables,minimize exposure above vegetation height and vertical profile. 6.4.10.Hawaiian Waterbirds 1. In areas where waterbirds are known to be present,post and implement reduced speed limits, and inform project personnel and contractors about the presence of endangered species on-site or nearby. 2. If water resources are located within or adjacent to the project site, incorporate the applicable BMPs regarding work in aquatic environments into the project design. 3. Cover containers in the work area with the potential for collecting/containing low standing water. 4. Have a biological monitor that is familiar with the species' biology conduct waterbird nest surveys where appropriate habitat occurs within 100 ft of the proposed project site prior to project initiation. Repeat surveys again within 3 days of project initiation and after any subsequent delay of work of 3 or more days (during which the birds may attempt to nest). If a nest or active brood is found in the project area: 5. Contact the PIFWO within 24 hours for further guidance. 6. Establish and maintain a 100-foot buffer around all active nests and/or broods until the chicks/ducklings have fledged. Do not conduct potentially disruptive activities or habitat alteration within this buffer. 7. Have a biological monitor that is familiar with the species' biology present on the project site during all construction or earth moving activities until the chicks/ducklings fledge to ensure that waterbirds and nests are not adversely impacted. 6.4.25. Plants 1. Minimize disturbance outside of existing developed or otherwise modified areas. 2. When disturbance outside existing developed or modified sites is proposed, conduct a botanical survey for listed plant species within the project Action area(surveys should be conducted by a botanist with documented experience in identifying native plants); surveys should be conducted during an appropriate time period for the potentially 8 occurring protected species, if possible; for example, during the wettest part of the year (e.g., October to April). 3. The boundary of the area occupied by listed plants should be marked with flagging by the surveyor; PIFWO recommends adherence to buffer distances in Table 2. However, where project activities will occur within the recommended buffer distances, additional consultation with PIFWO is required. 4. Where disturbed areas do not need to be maintained as an open area, restore disturbed areas using native plants as appropriate for the location. 5. Ensure that all equipment,personnel and supplies are properly checked and are free of contamination(i.e..,weed seeds, organic matter, or other contaminants)before entering project areas. 6. Quarantines and/or management activities occurring on specific priority invasive species in the vicinity of a project should be adequately addressed, as required. 7. These BMPs apply to areas outside of designated critical habitat; if project activities occur within designated critical habitat, additional consultation with PIFWO is required. • Appendix E FEMA Programmatic Biological Evaluation for USFWS PIFWO: Summary of Work Windows Key: = In Work Window Work may occur,under certain conditions : No Work Window Common JaA��_ Feb:'. _,:. _ Qet Name 1-15 16-31 1-15 16-28 1-15 16-31 1-15 16-30 1-15 16-31 1-15 16-30 1-15 16-31 1-15 16-31 1-15 16-30 1-15 16-31 k 1-15 16-30 1-15 16-30 Hawaiian m.,:a 3 ,, a' L) a i i 4()S :.., : hoary bat n • z 7' a A ga*,"• : ,. tiles i •a jj-4116 a t. ti i., '° „ * a r: he m p : e ' g# z ,,<? r s" jai )S HawaiianLIA: "a• 's `, „" , 1*e 1 _`voro'' ' .f Q 1 lal 1G�}}i0 ,. It La. :o0se �'. . �a. ks ' S13FQ e a * R,*rior a _ at ;4" "i YCiI+ ' .:t0�,:":::: lle ,l' M ma's«--.r£ .'= .`'era "s x.^r.- s .<,Ja. °e'r 'E " ' ':', Nightingale - .a p ul e t--, -, a t fr .r ;"�, ; y x • r �• a reed Ali.`u a -a- atPA a 'la= a e ', a xAl"• a <a warbler a ;a , TA,i ., a P , /44 .:_. '''ss. ' � �•: `� a.: �� •.,.' ,:� z Waterbirds In areas where waterbirds are known to bePresent abiological=monitor will conduct nest surveys prior�to project ini•ti•ation:,Contact P FW0 within 24 hours for further guidance if a nest or r actavehr`ood is found in the aro"ect area. .,,_` -.' =" Mariana PrlortQ:prgect initiation,a qualified biologist shijjild survey the area to determine if it.is.occupied by moorhens,.If present,a qualified biologist will monitor any individual moorhens or nests moorhen :throe:bout the• duration of the, iro'eet, z ;=t •". Seabirds `��R ,e ` :� ,� '-. . ;,F 4» e a „ ya -f,. - 0 , a>a� e eta NHL � � Ya .* 4,sa _..Y s s',. �: iI. �'1 ffi Forest birds if possible,do notremoveytree'cover during peak breeding season.Survey conducted by:° �! �+ a ualified biolo.ist r-a uired: �'_� s t- p0<v x F _�., ,.,,,a.„_ &* s , MarianaE f '?, ..N.. '` Y. :: " "- - Wiz` r.:. ' ; T 11.EN,_ _ ' s< �,,;. k . , �, n Pict IF:-u� tads _u ice��, rn an�l� CLOW .7� ; e' 7 as a' : ":, x . .a 2' � }a e, ' �f xe"3 • Sea turtles17'L. s 11 ? t `fir s .a a e a s e a e s e a a sg 5an a , 111 �` .� D "tc " s a x a G� i t a i liF, qI -+ i u;i i s e Table 2. Recommended Buffer Distances. Proposed Actiisn v H '/Shir 's Tees, Vegetation removal(hand tools) 3 ft(1 m) 1 m Vegetation removal(mechanical) Variables Variables Vegetation removal(heavy equipment) Variableb 820 ft(250 m) Hand application of herbicide 10 ft(3 m) Crown Diameter Ground spray of herbicide(e.g.,backpack sprayer) 50 ft(15 m) 250 ft(76 m) Aerial spray of herbicide(ball applicator) 250 ft(76 m) 250 ft(76 m) Aerial spray of herbicide(paintball or individual treatment) 100 ft(30 m) 100 ft(30 m) Aerial spray of herbicide(boom) Prohibited Prohibited Ground/soil disturbance(hand tools) 20 ft(6 m) 2x Crown Diameter Ground/soil disturbance(heavy equipment) 328 ft(100 m) 820 ft(250 m) Surface hardening/soil compaction(trails) 6 m 2x Crown Diameter Surface hardening/soil compaction(roads/utilities/buildings) 328 ft(100 m) 820 ft(250 m) Prescribed burns Prohibited Prohibited Farming,ranching, and silviculture 820 ft(250 m) 820 ft(250 m) Notes USFWS recommended buffer distances for no effect determination(USFWS, 2019cc) a 3 ft(1 m),or the height of the vegetation to be removed,whichever is greater. b 2x the width of the equipment,plus the height of the vegetation to be removed. HMGP-5404-0001-HI Endangered Species Act (ESA) Best Management Practices (BMPs) and Avoidance and Minimization Measures (AMMs) for Defensible Space Project Participants General Conditions 1. No one shall attempt to feed,touch(e.g.,pet,relocate, etc.), or otherwise intentionally interact with any protected species. 2. Project footprints must be limited to the minimum area necessary to complete the project. 3. Project operations must cease under unusual conditions, such as large tidal events, heavy storms, and high surf conditions,with the exception of emergency protective measures implemented to preserve life and property resulting from such conditions. Biosecurity Protocols 1. All cutting tools used in natural areas and native habitat must be sanitized to prevent the spread of the Rapid Ohi'a Death (ROD) fungus. a. Avoid wounding 'ohi'a trees and roots with mowers, chainsaws,weed eaters, and other tools. Cut only the minimum number of trees and branches as approved for the project. b. All cutting tools, including machetes, chainsaws, and loppers must be sanitized to remove visible dirt and other contaminants prior to entry into natural areas or areas with native habitat, and when moving to a new project area within the native habitat area. Tools may be sanitized using a solution of>70% isopropyl alcohol or a freshly mixed 10%bleach solution. One minute after sanitizing,you may apply an oil-based lubricant to chainsaw chains or other metallic parts to prevent corrosion. c. Only dedicated tools and chainsaws are to be used to sample known or suspected ROD infected trees. 2. Imported'ohi'a firewood, logs, and'ohi'a parts: a. 'Ohi'a firewood, logs, and parts are not to be transported. For more guidance see: https://cms.ctahr.hawaii.edu/rod/ 3. For individuals working in the field: a. Before going into the field, visually inspect and clean your clothes,boots, pack, radio harness,tools, and other personal gear and equipment, for seeds, soil,plant parts, insects, and other debris.A small brush is handy for cleaning boots, equipment and gear. Soles of shoes are to be sanitized using a solution of>70% isopropyl alcohol or a freshly mixed 10%bleach solution. b. Immediately before leaving the field,visually inspect and clean your clothes, boots,pack, radio harness,tools, and other personal gear and equipment, for seeds, soil,plant parts, insects, and other debris. Soles of 1 shoes are to be sanitized using a solution of>70% isopropyl alcohol or a freshly mixed 10%bleach solution. c. Little fire ants nest in trees. If you are under a tree and that tree is bumped or somehow stressed,the threat response of the ants is to fall from the leaves and sting the person under the tree. If you are subject to an ant attack, do not panic. The ants are extremely small, but their stings are painful, so make sure you remove all ants from your body and clothing. The stings cause inch long welts that are itchy and painful and can last for weeks. Treat stings as you would other insect stings. In some persons, stings can produce life threatening reactions. Stocking antihistamine in the first aid kit is.a reasonable precaution. d. Rat Lungworm disease is caused by a parasite that can infect humans who consume raw or undercooked infected snails or slugs or consume raw produce that contains a small, infected snail or slug. Infection is rare but can be serious. Symptoms can include severe headache,neck stiffness, low grade fever,nausea, and vomiting anywhere from 1-6 weeks after exposure. The disease is not spread person to person.Anyone who handles snails or slugs is to wear gloves and/or wash hands. Eating unwashed produce is discouraged. Water Quality 1. No contamination(trash or debris disposal,non-native species introductions, attraction of nonnative pests, etc.) of adjacent habitats shall result from project-related activities. This shall be accomplished by implementing a litter-control plan and a Hazard Analysis and Critical Control Point Plan to prevent attraction and introduction of non-native species. Contact the project point of contact(POC)for details. 2. Fueling of project-related vehicles and equipment should take place at least 50 feet away from the water and a spill prevention, control, and countermeasure (SPCC)plan to control petroleum products accidentally spilled during the project shall be developed.Absorbent pads and containment booms shall be stored on-site, if appropriate,to facilitate the clean-up of accidental petroleum releases. Species-Specific Avoidance and Minimization Measures Hawaiian Goose(Branta sandvicensis) 1. Do not approach, feed, or disturb nene. 2. If nand are observed loafing or foraging within the project area during the breeding season (September 1 to April 30), halt work and contact the project POC to have a qualified biologist familiar with the nesting behavior of nene survey for nests in and around the project area prior to the resumption of any work. Repeat surveys after any subsequent delay of work of 3 or more days (during which the birds may attempt to nest). 3. Cease all work immediately and contact the project POC for further guidance if a nest is discovered within a radius of 100 ft of proposed work, or a previously undiscovered 2- nest is found within said radius after work begins.A 150 ft boundary will be clearly marked around the nest with guidance from a qualified biologist, and activities will remain outside the boundary. 4. In areas where nene are known to be present or observed during construction,post and implement reduced speed limits, and inform project personnel and contractors about the presence of endangered species on-site. Blackburn's Sphinx Moth (Manduca blackburni) 1. A qualified biologist familiar with the species should survey areas of proposed activities for Blackburn's sphinx moth and its larval host plants prior to work initiation. 2. Surveys should be conducted during the wettest portion of the year(usually November 1 to April 30 or several weeks after a significant rain) and within 4 to 6 weeks prior to construction. 3. Surveys should include searches for eggs, larvae, and signs of larval feeding(chewed stems, frass, or leaf damage). 4. If moths or the native aiea or tree tobacco over 3 ft tall are found during the survey, please contact the project POC for additional guidance to avoid take. If no Blackburn's sphinx moth, aiea, or tree tobacco are found during pre-construction surveys, it is imperative that measures be taken to avoid attraction of Blackburn's sphinx moth to the project location and prohibit tree tobacco from entering the site: 5. Remove any tree tobacco less than 3 ft tall. 6. Monitor the site every 4 to 6 weeks for new tree tobacco growth before, during and after the proposed ground-disturbing activity. 7. Monitoring for tree tobacco can be completed by any staff, such as groundskeeper or regular maintenance crew,provided with picture placards of tree tobacco at different life stages. Hawaiian Hoary Bat(Lasiurus cinereus semotus) - 1. Do not disturb,remove, or trim woody plants greater than 15 ft tall during the bat birthing and pup rearing season(June 1 through September 15). 2. Do not use barbed wire for fencing. Hawaiian Seabirds and Waterbirds 1. Avoid nighttime work during the seabird fledging period, September 15 through December 15 2. If a nest or active brood is found in the project area: Contact the project POC within 24 hours for further guidance. 3. Cover containers in the work area with the potential for collecting/containing low standing water. 3 Standard Mitigation Grant Program (HMGP) Conditions FEMA Region IX,August,2018 The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency(FEMA)of the Department of Homeland Security(DHS): 1. Applicable Federal,State,and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations,regardless of whether they are on this list or other project documents.DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan,applicable Hazard Mitigation Assistance Uniform Guidance,and Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations(CFR)Part 200,adopted by DHS in 2 CFR 3002. 2.. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds,as referenced in 2 CFR 200.302. 3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306,the scope of work(SOW), and any agreements among the Subrecipient,the Recipient,and FEMA. 4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost.However, if costs exceed the federal share,the Subrecipient must notify the Governor's Authorized Representative(GAR)of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share.Refer to 2 CFR 200.308 for additional information. 5. Real Property and Land. The acquisition,use,and disposition must comply with 2 CFR 200.311. 6. Equipment. The acquisition,use,and disposition must comply with 2 CFR 200.313. 7. Supplies.Upon project completion,FEMA must be compensated for unused supplies,exceeding $5,000(fair market value),and not needed for other federal programs.Refer to 2 CFR 200.314. 8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320. 9. Monitoring and Reporting Program Performance.The Recipient and Subrecipient must submit quarterly progress reports,as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan. 10. Records Retention. In accordance with 2 CFR 200.333,financial/programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient's final expenditure report. 11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms,whether stated in a Federal statute or regulation,the State HMGP Administrative Plan,subpplication,a notice of award,an assurance, or elsewhere,FEMA may take one or more of the actions outlined in 2 CFR 200.338,including termination or partial termination of the award or subaward outlined in 2 CFR 200.339. • 12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403,the approved SOW,and any agreements among the Subrecipient,Recipient,and FEMA. 1 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984,in compliance with 2 CFR 200.501. 14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689,and 2 CFR 180.These regulations restrict federal financial assistance awards,subawards,and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities. 15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA- approved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit. 16. Duplication of Funding between Public Assistance(PA)and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location,but the activities identified under each program must be distinct with separately accounted funds.At closeout,FEMA may adjust the • funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source. 17. Historic Properties and.Cultural Resources. In compliance with 2 CFR 800,if a potential historic property or cultural resource is discovered during construction,the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource.During construction,the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered,will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA's written approval after FEMA's consultation,if applicable,with the State Historic Preservation Officer (SHPO). 18. NEPA and Changes to the Scope of Work(SOW). To comply with the National Environmental Policy Act(NEPA),and other Laws and Executive Orders,any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change,prior to FEMA approval,may be ineligible for funding.Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal,state and local laws, and failure to comply may jeopardize funding. Within their authority,the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies,to create and maintain productive harmony for people and nature,and fulfill the social, economic, and other needs of present and future generations of Americans. •