Panama City Field Office
Conserving the Nature of America

 

        Quick Links




What do I need to include in my consultation/project review request?

The new consultation checklist has your answer!

The Florida Ecological Services field offices developed a short checklist and companion guidance document to assist consultants, permit applicants and action agencies in assembling complete consultation request. These documents are provided for your information and optical use. However, using them can help avoid delays in initiating consultation. The checklist helps you and your staff quickly identify whether all necessary components of a complete request are included. Attaching it to you consultation request is not required, but can be helpful.

OK, package is ready. Where do I submit project review requests?

Federal agencies, private and public landowners, project managers/ planners, and consultants are asked to submit all new project review requests and supporting documentation electronically to panamacityregs@fws.gov. Please do not submit to other email addresses or individual staff as this may result in processing delays due to planned and unplanned absences or other work related issues. Electronic submission need not be submitted in hard copy unless requested by our staff.

NOTE: Emails with attachments are limited to a maximum size of 20 megabytes (20MB). If you have attachments that exceed this threshold, note some on your email submission and then send those attachments on CD or DVD via mail to the Panama City address listed on our contact page. If you chose or need to submit via multiple emails please use the same subject line for each email and note numerical sequence in the subject line such as 1 or 3, 2 or 3, etc.

OK, package submitted. So are you now looking for Your Project's Review Status?

Please allow a minimum of 30-days from date of project submission to our office before inquiring as to your project's review status. This allows time for your project submission to be received, complete intake processing, and staff assignment and initial review. Requests are placed in different process tracks (technical assistance, informal consultations or formal consultations) and generally handled on a first-in, first-out basis within those tracks. However, these timelines assume all information required for us to complete our review/consultation is provided and no additional information is requested. Such requests for additional information, clarification or incomplete submissions can result in the temporary suspension of review timelines. If you have not heard from us after 30-days, for quickest response submit a status request via e-mail to panamacityregs@fws.gov.


USFWS Section 7 Consultation for Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) and CLOMR_F

Letters of Request

In May 2016, FEMA released a guidance document to inform Conditional Letter of Map Change (CLOMC) applicants of their role, responsibilities and documentation requirements to comply with the Endangered Species Act (ESA) requirements of Standard 215.

Documentation that the project is compliant with the ESA may be in the form of a written and signed statement confirming that applicant(s) determined that there are no endangered or threatened species present in the area or that the type of action does not have any potential to cause adverse impacts that would result in a take.

The applicant is responsible for providing FEMA a written, signed justification that the project will not result in take. The determination is not required to come from, or be concurred by, the Services.

ESA Compliance Documentation for Non-Federal Projects

For FEMA ESA Compliance applicants must document one of the following:

  • No potential for “Take” exists (meaning that the project has no potential to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct) to threatened and endangered species. The applicant will be responsible for the potential for take determination, and the determination is not required to come from, or be concurred by, the Services; or
  • If the applicant determines a Take will or has a potential to occur, they can consider contacting the Services to discuss potential project revisions to eliminate the “Take;” or
  • If neither 1 nor 2 are possible and the project has the potential to “Take” listed species, an Incidental Take Permit may be submitted showing that the project is the subject, or is covered by the subject, of the permit.

ESA Compliance Documentation for Projects with Federal Actions

If a Federal entity is involved in a project requiring a CLOMR or CLOMR-F, then the applicant may use that Agency’s Section 7 consultation to demonstrate ESA compliance to FEMA.

The ESA documentation may include:

  • A “No Effect” determination made by the Federal Agency;
  • A “Not Likely to Adversely Affect” determination with concurrence from the Services;
  • A Biological Opinion with a “no jeopardy” determination, or with accepted Reasonable and Prudent Alternatives; or
  • A copy of a federally issued permit with justification stating the permit covers the proposed development seeking a CLMOR or CLOM-F.

Checklist Aid for Applicants

The Panama City Ecological Services Field Office (PCFO) staff developed a checklist to assist applicants in documenting compliance with ESA when no potential for “Take” exists or, if a Federal entity is involved in the project, the applicant is using that Agencies’ Section 7 consultation to demonstrate ESA compliance.

Applicants may attach this checklist to the supporting species report, biological assessment, or federal ESA compliance documentation. Selecting the appropriate checkbox certifies compliance with ESA for CLOMC, CLOMR, or CLOMR-F applications and requires no further consultation with the Service.

As of October 2019, the PCFO will no longer provide signed stickers, letters, or individual project reviews for FEMA's CLOMC, CLOMR, or CLOMR-F that meet one of the listed criteria. The checklist incorporates the Service’s ESA regulations and FEMA Guidance for Flood Risk Analysis and Mapping Documentation of Endangered Species Act Compliance for Conditional Letters of Map Change, May 2016 (PDF available here).

If you have any questions, please contact us by email at panamacityregs@fws.gov. Our agency appreciates your cooperation in the protection of Federally-listed species in Florida.

Additional Information

 

Last updated: October 17, 2019