Categorical Exclusion

Federal Assistance Activities

*Denotes classes of actions that have a higher possibility of involving extraordinary circumstances. A REC will be prepared to document consideration of extraordinary circumstances whenever a CATEX that is identified by an asterisk is used.

Exclusion Text

*N5 Federal Assistance for Actions in Coastal Areas Subject to Moderate Wave Action or V Zones. Federal assistance for repair, hazard mitigation, new construction, or restoration actions of less than one-half acre within the following areas: areas seaward of the limit of moderate wave action (LiMWA) (a line mapped to delineate the inland extent of wave heights of 1.5 feet) during the base flood (an area that has at least a one-percent chance of being flooded in any given year); or areas within the V zone (a coastal area where there is a velocity hazard due to wave action) if the LiMWA has not been established. The actions must meet the following criteria:
(a) They are consistent with the State or Tribe enforceable policies of approved coastal management programs,
(b) They are not within or affect a Coastal Barrier Resource System unit,
(c) They do not result in man-made alterations of sand dunes,
(d) They do not result in the permanent removal of vegetation (including mangrove stands, wetlands, and dune vegetation),
(e) Applicable Federal requirements and local codes and standards are followed, and
If the actions involve substantial improvement or new construction of structures, the following criteria also apply:
1. The structure must be elevated in open works (e.g. piles and columns) as opposed to fill in a manner that the bottom lowest horizontal structural member is at or above the base flood level,
2. The foundation must be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads, and
3. The siting of the project must conform to applicable State, Tribe, or local setback requirements.
Examples of activities covered by this CATEX include but are not limited to: the repair and elevation of structures; repair and new construction of jetties and groins; the repair, hazard mitigation, and new construction of functionally dependent facilities such as piers, marinas, boat ramps, bathrooms, and port facility structures; and beach restoration projects except projects that result in the man-made alteration of dunes and wetlands such as beach nourishment projects.