FEMA must review each PA project to ensure the work complies with applicable Federal EHP laws; including section 106 of the NHPA; and their implementing regulations.The Applicant did not afford FEMA an opportunity to complete its EHP review prior to starting work and FEMA determined an after-the-fact consultation to be infeasible.The Applicant must obtain a permit in any situation where dredging or filling is a component of the project.The Applicant has not provided the required applications or permits issued by the U.S. Army Corps of Engineers (USACE) and New York State Department of Environmental Conservation (NYSDEC) that demonstrate compliance with the CWA.

HeadnotesFEMA must review each PA project to ensure the work complies with applicable Federal EHP laws; including section 106 of the NHPA; and their implementing regulations.The Applicant did not afford FEMA an opportunity to complete its EHP review prior to starting work and FEMA determined an after-the-fact consultation to be infeasible.The Applicant must obtain a permit in any situation where dredging or filling is a component of the project.The Applicant has not provided the required applications or permits issued by the U.S. Army Corps of Engineers (USACE) and New York State Department of Environmental Conservation (NYSDEC) that demonstrate compliance with the CWA.Conclusion