FY 2016 Grantee Workshop
Consultants/Engineers
24 CFR Part 58
Current regulations became effective October
29, 2003
Each LCDBG Program participant must implement
their program in compliance with the National
Environmental Policy Act of 1969 (NEPA) and
other applicable federal environmental laws.
The grantee’s Chief Elected Official will
assume overall responsibility for the
environmental review process.
The CEO must sign all certifications, memos,
letters to Indian Tribes, and findings.
Start the process by completing the Statutory
Worksheet.
Do not publish the Notice of Intent to
Request Release of Funds or the Combined
Notice until OCD has issued permission to do
so.
All contract conditions must be cleared
within 5 months of the date of your
Authorization to Incur Costs letter (for these
2016 grantees this date is March 7, 2017)
The ERR should be received by the State
within 4 months of this date to ensure the
State has sufficient time to review the
document for completeness and allow time
for any needed revisions prior to OCD issuing
permission to publish appropriate notice.
For all projects, especially economic
development projects involving loans and/or
infrastructure grants, particular attention
must be given to 24 CFR Part 58.32 –
Project Aggregation.
All activities must be environmentally
cleared including those funded by private
funds.
Neither a grantee nor any participant,
including public or private nonprofit or for-
profit entities or any of their contractors
may commit LCDBG/HUD funds or non-
LCDBG/HUD (private funds) funds or
undertake an activity or project until the
State has approved the recipient’s Request
for Release of Funds. (24 CFR Part 58.22)
This regulation is triggered at the time of the
grantee’s application being submitted to the
State.
Exempt
Categorically Excluded Not Subject to 58.5 –
58.35 (b)
Categorically Excluded Activities Subject to
58.5 – 58.35 (a)
Activities Requiring an Environmental
Assessment 58.36
Environmental Impact Statement – 58.37
Activities that are “exempt” from environmental
review requirements of NEPA and the other
applicable federal laws include:
environmental studies
project planning
administrative costs
project engineering and design costs for a proposed
eligible activity
public services which will not result in any physical
changes
assistance for temporary or permanent improvements
that do not alter environmental conditions and are
limited to protection, repair or restoration activities
necessary only to control or arrest the effects from
disasters, imminent threats or physical deterioration
For projects determined to be
exempt, the grantee does NOT have
to submit the Request for Release of
Funds and Certification form;
however all other contract conditions
listed in the LCDBG contract must be
cleared prior to the release of funds.
Activities that would not alter any conditions
that would require a review under 58.5
include:
supportive services
equipment (such as fire trucks)
economic development activities not associated
with construction
activities to assist homebuyers that result in the
transfer of title
Activities that are “categorically excluded”
from the environmental review requirements
of NEPA, but must comply with the
environmental requirements of other federal
laws listed in 58.5 include:
acquisition, repair improvement, reconstruction,
or rehabilitation of public facilities and
improvements when the facilities and
improvements are in place and will be retained
in the same use without change in size or
capacity of more than 20 percent - See part
58.35 (a)(1)
“Categorically Excluded” Activities continued: special projects for removal of material and
architectural barriers – See Part 58.35 (a)(2)
an individual action (rehab) on a one-to-four family dwelling or on a project of five or more units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four units on any one site – See Part 58.35 (a)(4)
Acquisition or disposition of an existing structure or acquisition of vacant land provided that the structure or land will be retained for the same use – See Part 58.35 (a)(5)
OCD suggests that Grantees consult
with an OCD ERR reviewer when
determining that a project can be
considered as a categorically
excluded project.
Activities that are neither exempt or
categorically excluded, an environmental
assessment is required which documents
compliance with NEPA and with the
environmental requirements of other federal
laws.
If your project scope or site must change in order to complete the originally approved project, then you MUST revised your original ERR.
All compliance areas must be reconsidered and all applicable agencies must be contacted.
If an E.A. level project’s determinations remain the same, then the revised ERR must be submitted with updated compliance information and no further publication of a FONSI is required.
If determinations or project location change and/or new activities are added, then a new FONSI must be published.
Not starting the process
with the completion of
the Statutory
Worksheet.
Statutory Worksheet and Statutory Checklist
answers do not match.
Questions on the Statutory Worksheet are
answered beyond what is required.
No documentation included in the ERR to
support determinations.
All sections not completed.
Maps
Not all submitted as required
Project area and/or improvements (for site specific ERRs) are not clearly marked on the maps.
Project area and/or improvements marked on maps do not agree.
Project Description
Does not list whether the ERR is site specific or not.
Does not address all proposed activities.
Requests for Comment
Include copy of entire package submitted to agencies for comment. If same package is submitted to each agency, then one copy of enclosures is sufficient.
8 Step Process
Not conducted when needed. Corps of
Engineers response must indicate that no
jurisdictional wetlands are in the area.
Does not discuss alternatives to the
proposed project. Must include the no
action alternative.
Publications do not indicate if the 8 Step is
for floodplains, wetlands, or both.
Must contact SHPO
Must contact all tribes listed on the TDAT and
include printout with the ERR.
Letters must be sent to all contacts listed,
even if there is more than one contact listed
for the same tribe.
Letters must be sent to the Tribes on the
local government’s letterhead and signed by
the local government CEO.
30 day response time for Tribes is based on
receipt of the letter
Must include copies of all pertinent
floodplain maps with the locations of the
projects marked on the map.
If a project involves work to be completed in
a floodway, you must contact OCD
immediately.
According to the Statutory Worksheet, the
E.O. 11990 applies to new construction, land
use conversion, major rehabilitation, and/or
substantial improvements.
Wetlands Inventory map must be included
and area to be cleared must be indicated on
the map.
USACE letter must state that wetlands do not
exist in the area. Statement that wetlands
will not be impacted is not sufficient.
DNR/Office of Coastal Management must be
contacted regarding projects that are in the
Coastal Zone, near the Coastal Zone
boundary, or may involve discharges into
waters that flow into the Coastal Zone.
OCM has a specific process that must be used
when requesting a determination regarding
the need to obtain a Coastal Use Permit or
other authorization from OCD.
Applies to projects that involve new
construction or land use conversion.
ERR must contain map of the aquifers with
location of the project clearly marked.
If the project involves street rehabilitation that will not cause additional ground disturbance, then the Grantee (not engineer or consultant) may make the determination that consultation is not necessary.
Any other projects, the Grantee is required to determine if contact with the cognizant agency is necessary. Visit www.fws.gov/lafayette and follow directions on page 26 of the Grantee Handbook to obtain this information. If the site does not work, contact US Fish and Wildlife and request assistance.
Applies to projects that involve new construction or substantial improvements.
Grantee must determine if the project is located within 1 mile of a designated Wild & Scenic River, or a river being studied as a potential component of the Wild & Scenic River system. If so, a determination from the National Park Service must be obtained.
Projects that are within 1 mile of a river included in the Nationwide River Inventory, consultation with the NPS is required to identify and eliminate direct and adverse effects.
Documentation supporting the finding regarding proximity to these areas must be included in the ERR.
Applies to projects including new
construction or substantial improvements
If the project is in a non-attainment zone,
the Grantee must obtain a letter of
consistency indicating the project is
consistent with the State Implementation
Plan. If the project is not consistent with
the SIP, then the Grantee must contact EPA
to determine if a permit is required.
All permits required
(except the Section 404)
must be obtained prior
submittal to OCD for
review.
Permission to publish these notices must be
received within 5 months of the date of the
AIC letter.
All required permits or mitigation measures
must be included in the notice.
Findings of the 8 Step Process, if completed,
must be summarized and included in the
notice.
Comment Periods - The following is an example
of dates for the “Notice of Intent to Request
Release of Funds”:
Publication Posted
Notice of Intent Date 06/04/XX (7 days) 06/04/xx (10 days)
Date of “Request for
Release of Funds and
Certification”
06/12/xx 06/15/xx
Date ERR and request
for funds mailed to
State
06/12/xx 06/15/xx
ERR received by State 06/14/xx 06/17/xx
State’s 15-day Public
Comment Period
06/15/xx to 06/29/xx 06/18/xx to 07/02/xx
Comment Periods - The following is an
example of dates for the “Combined
Notice”:Publication Posted
“Combined Notice”
Date
06/04/xx (15 days) 06/04/xx (18 days)
Date of “Request for
Release of Funds and
Certification”
06/20/xx 06/23/xx
Date ERR and request
for funds mailed to
State
06/20/xx 06/23/xx
ERR received by State 06/22/xx 06/25/xx
State’s 15-day Public
Comment Period
06/23/xx to 07/07/xx 06/26/xx to 07/10/xx
Cory Williams
Heather Paul
Jimmy Martin
Traci Watts