Legacy CEQ-compiled dataset (pre-authoritative baseline)
Compiled referenceCategorical 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
*N9 Federal Assistance for Flood Hazard Reduction Actions. Federal assistance for drainage, berm, water crossing, and detention, retention, or sediment pond projects which have the primary purpose of addressing flood hazards and:
(a) Do not affect more than 25 acres,
(b) Do not result in adverse flood risk effects to downstream communities,
(c) Do not result in any increase of flood levels within the community during the occurrence of the base flood discharge if the action takes place within the regulatory floodway, and
(d) Where the effect of the proposed project when combined with other existing or reasonably foreseeable development will not increase water surface elevation of the base flood more than one foot at any point within the community if the action takes place in a floodplain with no regulatory floodway.
This CATEX covers minor flood control actions as identified in Sections 1366 and 1361 of the National Flood Insurance Act (NFIA). Actions that are not covered in Sections 1366 and 1361 of the NFIA, such as dikes, levees, seawalls, groins, and jetties, are excluded from this CATEX.
Provenance
- Agency: Legacy CEQ-compiled dataset (pre-authoritative baseline) (LEGACY)
- Source provenance: Compiled reference
- Source type: legacy seed
- Identifier:
DHS--1-8-57 - Fetched at: 1970-01-01T00:00:00+00:00 (not an agency verification date)
Source legal reference
CEQ-compiled compendium of Federal categorical exclusions (historical, non-authoritative baseline)
Disclaimer
This CE Explorer tool is not an authoritative source and creates no rights or obligations. Review the relevant agency's NEPA procedures before applying a categorical exclusion.
When using the CE Explorer Tool, Federal agencies and stakeholders should review the relevant agency's NEPA procedures for information about how to apply the CE, including any limitations or potential extraordinary circumstances, and to ensure that a CE is current and applicable to a given proposed action. To adopt and use another agency's categorical exclusion, an agency must follow the steps described in section 109 of NEPA, 42 U.S.C. 4336c.
