NEPA compliance summary for WTC mitigation and permits, May 2002

NYC 9/11 Public Portal Document

Executive Order 11990 - Protection of Wetlands directs federal agencies to take action to minimize the destructi m of wetlands on their property (Executive Order 11990, Section l[a])-

4.1.4 Rivers and Harbors Act of 1899 (33 USC 401 et seq.)

Section 10 of the Rivers and Harbors Act prohibits the unauthorizt obstruction or alteration of any navigable water of the United States.

4.1.5 Executive Order 11988 - Floodplain Management

Executive Order 11988 - Floodplain Management requires that federal agencies avoid activities that directly or indirectly result in development of floodplain areas. Portions of the WTC site are located in the 100-year or 500-year floodplain. The City of New York has adopted FEMA guidelines regarding construction within floodplain Zone A (100-year floodplain), which requires that a hydraulic analysis be performed and, in general, that structures be elevated above the base flood elevations. Impacts to floodplains would not be anticipated and the applicant will comply with the requirements of Executive Order 11988. Proposed development would be reviewed and approved by the local Floodplain Administrator.

4.1.6 Coastal Zone Management Act

The Coastal Zone Management (CZMA) Act of 1972, as amended, provides for the effective management, beneficial use, protection, and development of the resources of the nation’s coastal zone. The CZMA directs federal agencies proposing activities or development projects, within or outside of the coastal zone, that could affect any land or vzater use or natural resource of the coastal zone, to assure that those activities or projects are consistent, to the maximum extent practicable, with the approved state programs.

4.1.7 Coastal Barrier Resources Act

The Coastal Barrier Resources Act of 1982 requires that no new e”penditures or financial assistance be made available for various construction projects within the boundaries of the Coastal Barrier Resources System. The USFWS designates coastal barrier resources. The WTC is not located within a designated coastal barrier zone.

4.1.8 Fish and Wildlife Coordination Act (16 USC 661 et seq.> and Endangered Species Act (16 USC 1531 et seq.)

Section 10 of the Fish and Wildlife Coordination Act (16 USC 661-666) directs federal agencies to consult with USFWS, the National Marine Fisheries Service, and state agencies before authorizing alterations to water bodies. The purpose of the Act is to ensure that wildlife conservation receives equal consideration, and that wildlife management issues are coordinated with other features of water resources programs. Section 7 of the Endangered Species Act of 1973, as amended, requires the responsible

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