enviro ta guide

TECHNICAL ASSISTANCE – 2009/2010

ENVIRONMENTAL TECHNICAL ASSISTANCE

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

MIAMI FIELD OFFICE – REGION IV

AL CAZZOLI SENIOR FIELD ENVIRONMENTAL OFFICER

TA-01 Technical Assistance OverviewTA-02 AggregationTA-03 Steps for Developing a Tiered ReviewTA-04 Assessment Tools for Environmental Compliance - ATEC WebsiteTA-05 Certification of Categorical Exclusion - Not Subject to Part 58.5TA-06 Certification of Categorical Exclusion - Subject to Part 58.5TA-07 Certification of Exemption for HUD-Funded ProjectsTA-08 Compliance Documentation ChecklistTA-09 Environmental Assessment for HUD-Funded ProposalsTA-10 Environmental Clearance - Project-Based Rental AssistanceTA-11 Environmental Clearance - Tenant-Based Rental AssistanceTA-12 Environmental Level of Review - MatrixTA-13 Environmental Level of Review - NarrativeTA-14 Environmental Procedures / USHUD Web-LinksTA-15 Environmental Review Process - FlowchartTA-161 Federal Environmental PartnersTA-162 Floodplain Management 8-Step Process - FlowchartTA-17 HUD Form 7015.15 - Request For Release (RROF)TA-18 NEPAssist Fact SheetTA-19 NEPAssist Narrative - IntroductionTA-20 NEPAssist User Guide

TA-21a Process for the Combined Public Notice - Finding of No Significant Impact / Notice of Intent Request for the Release of Funds (Under a Full Assessment Project)

TA-21b Process for the Combined Public Notice - Notice of Intent / Request for the Release of Funds (Under a Categorically Excluded Project)

TA-22 Region IV Environmental Contacts WebsiteTA-23 Region IV Environmental Guidance WebsiteTA-24 Rehabilitation Environmental Review - Appendix ATA-25 Rehabilitation Environmental Review (RER)TA-26 Sample Notice: FONSI and NOIRROF TA-27 Sample Notice: NOIRROF TA-28 Statutory Checklist TA-29 Statutory Checklist - Guidance MatrixTA-30 Statutory Checklist - InstructionsTA-31 Statutory Checklist - Required Documentation TA-32 Welcome-to-Atlanta, Georgia - Region IV Travel Planner

ENVIRONMENTAL INFORMATIONTECHNICAL ASSISTANCETABLE OF CONTENTS

ENVIRONMENTAL TECHNICAL ASSISTANCE GUIDEBOOK - 2010/2011

TECHNICAL ASSISTANCE

OVERVIEW

TA - 01

TECHNICAL ASSISTANCE OVERVIEW – 2009/2010

INTRODUCTION

Every unit of local government, municipality and county receiving federal funds are legallyresponsible for complying with the environmental review regulations contained in the NationalEnvironmental Policy Act (NEPA), and 24 CFR Part 58 of the federal regulations. The executedgrant agreement requires an environmental review be completed prior to the obligation,expenditure or drawdown of program funds. The environmental review, and applicable publicnotification, becomes part of a written environmental review record to be maintained bygrantees. The ERR should contain all of the documents that the federally-funded and relatedactivities are in compliance with NEPA and the pertinent federal laws and authorities.

This technical assistance guidebook outlines the steps grantees must take in order to complywith HUD Environmental Review Procedures under NEPA and other applicable Federal laws,regulations and executive orders. You will find included in this guidebook, sample forms, notices,worksheets, and website addresses for Federal regulation 24 CFR Part 58 and other laws andregulations. Grantees should read and become familiar with the Federal regulation 24 CFR Part58 in order to become fully aware of their responsibilities under these environmental laws.

GRANTEE / RECIPIENT RESPONSIBILITIES

The grantee must carry out and document completion of the prescribed procedures for thevarious laws listed above. Depending on the complexity of the project, these procedures can betime-consuming.

The environmental review must identify and address the physical, social, and economic impactsof the entire proposed activity. The environmental review process must consider the ultimateeffect of a proposed project, including the potential effects of both the CDBG and related projectactivities. For example, if CDBG funds are being used to extend a water line to a site for a newresidential development or manufacturing plant, then the ultimate effect of the project is not onlythe new water line, but also the new residential development or plant. Therefore, theenvironmental review must address the impacts of both the CDBG-funded water line as well asthe development of the new residential units or plant. The scope of an environmental reviewencompasses this definition of a project.

A grantee may not commit funds prior to receiving clearance from the Department or itsdesignee. In addition, neither the grantee nor any other party may carry out the activity orundertake a choice-limiting action prior to the grantee receiving environmental clearance. Thismeans that absolutely no construction can commence on the site, whether publicly or privatelyfunded, until the environmental review has been completed and cleared.

Expenditures for activities that are exempt from NEPA based on 24 CFR Part 58.34 (i.e., generaladministration, environmental review, planning, engineering and design work, etc.) may beincurred after the date of the award letter. The exempt activities must be documented as such inthe environmental review record. Grantees must submit a letter to the Department requestingapproval to begin incurring such expenses. Upon receiving confirmation and approval, granteesmay begin incurring expenditures for these exempt.

TECHNICAL ASSISTANCEOVERVIEW


BEGINNING THE ENVIRONMENTAL REVIEW

The grantee’s first objective in the environmental review process is to determine a “level ofclearance” finding. The following narrative describes each of the clearance findings, the types ofactivities that fall under each level, and the appropriate environmental procedures for each levelof clearance.

NEPA requirements and related Federal laws and authorities under 24 CFR Part 58.5 is notapplicable to the project. However, requirements under 58.6 are applicable as they pertain to theFlood Disaster Protection Act, the Coastal Barrier Resources Act, and the Airport Runway ClearZones and Clear Zones Disclosures.

Activities considered Exempt include the following:

Environmental and planning studies. General administrative costs. Payment of costs for eligible public services that will not have a physical impact or result in

any physical changes, including but not limited to services addressing employment, crimeprevention, child care, health, drug abuse, education, counseling, energy conservation andwelfare or recreational needs;

Inspections and testing of properties for hazards and defects. Preliminary and final engineering and design costs incurred for an eligible State CDBG

program activity; Technical assistance and training. Assistance for temporary or permanent improvements that do not alter environmental

conditions and are limited to protection, repair or restoration activities necessary only tocontrol or arrest the effects from disasters or imminent threats to public safety including thoseresulting from physical deterioration;

Activities that are Categorically Excluded and Subject to Part 58.5, but have converted toExempt.

Environmental ProceduresDocument the reasons for the finding and prepare a “Finding of Exemption”. Submit a copy ofthe finding to HCD for review and approval. Keep in your files:

1. A completed Form 58.6.2. A completed Environmental Determination Form, indicating “Exempt”

NEPA requirements and related Federal authorities under 58.5 are not applicable to theseprojects. Again, requirements under 58.6 are applicable as they pertain to the Flood DisasterProtection Act, the Coastal Barrier Resources Act, and the Airport Runway Clear Zones andClear Zones Disclosures.

EXEMPT (§58.34)

CATEGORICALLY EXCLUDED AND NOT SUBJECT TO PART 58.5 (§58.35(b)


Activities, which fall under this category, include the following:

Economic development activities, including but not limited to, equipment purchase, inventoryfinancing, interest subsidy, operating costs and similar costs not associated with constructionor expansion of existing operations;

Payment of CDBG eligible operating costs. Payment of CDBG eligible supportive service costs, including but not limited to, health care,

housing services, permanent housing placement, day care, and nutritional services. Activities to assist homebuyers to purchase existing dwelling units, or dwelling units under

construction where the foundation is already in place at the time the buyer applies forassistance, including closing costs and down payment assistance, interest buy-downs, andsimilar activities that result only in the transfer of title.

Affordable housing predevelopment costs.

If any additional activities are taking place, such as rehabilitation or new construction, or if theproject is associated with the expansion of existing operations, the project does have to meet ahigher environmental clearance level, even if CDBG funds are not paying for the additionalactivities.

Environmental ProceduresAn activity determined to be categorically excluded and not subject to 58.5 must be documentedas such and does not convert to exempt, but remains excluded. Prepare and keep in your files acopy of each of the following:

1. A completed Form 58.62. A completed Environmental Finding Form indicating “Categorically Excluded, not

subject to 58.5””.

Submit a copy of each form to the Department for review and approval.

NEPA requirements are not applicable; however the requirements of 24 CFR Part 58.5 areapplicable to projects in this category. For example, although the project is excluded from a fullreview under NEPA, it may be located in a floodplain and trigger a floodplain and wetlandsassessment (see sample 8-Step Floodplain and Wetlands Assessment form in Section VI,Supporting Materials, of this chapter) or a project may involve rehabilitating homes or disturbingthe ground and, therefore, be subject to historic preservation requirements.

Requirements under 24 CFR Part 58.6 is also applicable as they pertain to the Flood DisasterProtection Act, the Coastal Barrier Resources Act, and the Airport Runway Clear Zones andClear Zones Disclosures. Only HUD-identified airports and military airports are subject to thisrequirement. Contact your area representative for the list of airports. However, for any airport notdesignated commercial by the FAA, the airport operator must be contacted for information andadvice regarding potential dangers, encroachment, building heights, etc.

CATEGORICALLY EXCLUDED BUT SUBJECT TO PART 58.5 (§58.35(a)



The acquisition, reconstruction, rehabilitation, or installation of CDBG eligible public worksand improvements when the facilities and improvements are in place and will be retained inthe same use with less than a 20% change in size or capacity (e.g., replacement of wateror sewer lines, reconstruction of curbs and sidewalks, repaving of streets).

Special projects directed to the removal of material and architectural barriers that restrictmobility of and accessibility to elderly and handicapped persons.

The rehabilitation of buildings and improvements when the following conditions are met: For a residential building with one to four units: The density is not increased beyond four units, The land use is not changed, The footprint of the building is not increased in a floodplain or in a wetland.

For multifamily residential buildings: Unit density is not changed more than 20 percent; There are no changes in land use from residential to non-residential; and The estimated cost of rehabilitation is less than 75 percent of the total estimated cost of

replacement after rehabilitation.

For non-residential structures: The facilities and improvements are in place and will not be changed in size or capacity by

more than 20 percent; and The activity does not involve a change in land use, such as from non-residential to

residential, commercial to industrial, or from one industrial use to another. An individual action on up to four dwelling units where there is a maximum of four units on

any one site. The units can be four one-unit buildings or one four-unit building or anycombination in between (This does not apply to the rehabilitation of a building for residentialuse with one to four units).

An individual action on a project of five or more housing units developed on scattered siteswhen the sites are more than 2,000 feet apart and there are not more than four housing unitson any one site.

Acquisition of an existing structure provided that the structure acquired will be retained for thesame use.

Combinations of the above activities.

Environmental ProceduresGrantees must document compliance with 58.5, either by completing a “Statutory Worksheet” onan individual project or a “Rehabilitation Environmental Review” (RER) form for rehabilitation ofexisting residential structures in a targeted area. These forms contain a listing of all theapplicable environmental provisions including a brief description of the procedures required forcompliance and the appropriate Federal and /or State agency(s) that should be contactedregarding these procedures.


If you are administering a residential or commercial rehabilitation program, you must write to theState Historic Preservation Officer (SHPO) describing the program and how you will evaluateeach unit for historic or archaeological status. Keep your letter and SHPO's response in yourenvironmental review file. SHPO consultation is required for any housing rehabilitation projectthat involves exterior work. This applies, even if the structure is less than 50 years old. AProgrammatic Agreement (PA) may be negotiated, between the jurisdiction and the SHPO, togovern the implementation of a local housing rehabilitation program.

For a minor rehabilitation activity involving only a few houses that will convert from a finding ofcategorical exclusion to exempt, the Statutory Worksheet, which identifies the structures byaddress, is the most logical choice as it can be completed without a noticing requirement.

Please note that the RER is for a tiered review in which all potential housing rehabilitationprojects within the target area is the focus for the environmental clearance. Appendix A of theRER is then completed for each rehabilitation project within that target area as units areidentified. It cannot be used for activities involving changes of use, demolition, new construction,or for the rehabilitation of or acquisition of entire multi-family residential structures.

For a housing rehabilitation program where your target area could potentially include yet-to-be-identified activity sites that may have secondary findings under 24 CFR 58, complete the RERand required noticing as described below, for the entire project area. Thereafter, the completionof Appendix A for each residential structure as it is identified will not require additional noticingunless there are unanticipated impacts at a higher level of clearance on an individual unit.

If you choose to use the Statutory Worksheet and you have no secondary findings, you mayconvert the project to exempt status pursuant to 24 CFR 58.34 (a)(12):

Prepare and keep in your files:1. A description of the project2. A completed Form 58.63. A completed and documented Statutory Worksheet with primary findings only. (Please refer

to the Supplemental Guide on Environmental Review Documentation, in Section VI of thischapter.)

4. A copy of supporting documentation, including the Programmatic Agreement and SHPOcorrespondence where applicable

5. A completed Environmental Finding Form, indicating Categorically Excluded, per section58.35(a) and conversion to Exempt.

If you have any secondary findings on the Statutory Worksheet or use the RER for rehabilitation,you will need to prepare the following and keep in your files:1. A description of the project2. A completed and documented RER or Statutory Worksheet identifying secondary findings.3. A copy of supporting documentation, including the Programmatic Agreement and SHPO

correspondence where applicable.4. An Environmental Finding Form indicating a "Finding of Categorical Exclusion".5. Documentation of publication of the NOI/RROF notice in a local newspaper of general

circulation. If the notice is not published, then it must be prominently displayed in the localpost office and in other public buildings as established by the citizen participation process.


Provide for seven (7) calendar days after the date of publication of the notice for publiccomment or ten (10) calendar days if the notice was not published, but mailed and postedinstead.

Comments received during the seven (7) day comment period for newspaper publications or ten(10) day period for mailed/posted notifications and responses.1. A completed form HUD-7015.15 Request for Release of Funds and Certification2. Submit a copy of the above forms (except for Appendix A) to the Department for review

and approval.3. A site specific “Appendix A” Form for rehabilitation projects as each housing rehabilitation

project is identified.4. A separate Form 58.6 for each Appendix A property.5. Attach a site map showing area boundaries and floodplains

If your project is not found to be exempt or categorically excluded from NEPA, an EnvironmentalAssessment (EA) will be required. This document is used to evaluate the environmentalramifications of proposed CDBG funded and related program activities. Depending upon themagnitude and complexity of the proposed project, the Environmental Assessment can lead totwo types of clearances or findings. These include a Finding of No Significant Impact (FONSI) ora Notice of Intent to Prepare an Environmental Impact Statement (EIS), which is furtherdescribed under section E., below.

Projects funded under the State CDBG Program rarely require an EIS since State CDBGactivities usually do not constitute a “major Federal action” or they are a small part of a largeproject for which a full environmental review has already been completed. The preparation of anEnvironmental Assessment (EA), which leads to a FONSI, will be typical for projects that are notexempt or categorically excluded.

Activities, which fall under this category, include the following: The construction of a community facility such as a Child Care facility, a Homeless Shelter, or

a Community Center. Public Works activities in which the size and capacity of the system or facility will be

increased by more than 20 percent. Infrastructure activities in support of a new construction project. An individual action on a project of 5 or more units when the units are located within 2,000

feet of each other.

Environmental ProceduresPrepare an EA in accordance with 24 CFR Part 58 Subpart E using the EnvironmentalAssessment to include the grantee name and address, a description of the project and locationmap, a determination of existing conditions, identification of project impacts with data sourcesand explanation, a discussion of project alternatives, a discussion of any measures that will beimplemented to mitigate project impacts, and a discussion of any irreversible project impacts. Inaddition, the other applicable laws and authorities, as previously discussed, must also beaddressed and documented as part of the Environmental Assessment.

ENVIRONMENTAL ASSESSMENT (§58.36)


The Environmental Assessment will result in either: A Finding of No Significant Impact (FONSI) or A finding of significant impact requiring preparation of an Environmental Impact Statement.

Finding of No Significant Impact (FONSI): Most CDBG projects will result in a FONSI asthey do not usually constitute major federal actions or comprise part of a larger project thathas already completed an environmental study. If you have a FONSI, you need to take thefollowing steps and keep the following information in your environmental review record: A full description of the project A completed Form 58.6 A completed and documented Environmental Assessment A copy of supporting documentation, including SHPO correspondence where applicable Documentation, as described in Section 58.43, of the dissemination of a combined “Notice

of FONSI and Notice of Intent to Request Release of Funds". In addition, copies of theFONSI should be sent to adjacent land owners, organizations, and to individuals and groupsknown to be interested in the activities, the appropriate State, federal and local agencies, theheadquarters and appropriate regional office of the Environmental Protection Agency (EPA)requires noticing through State and regional clearinghouses.

A copy of the aforementioned distribution list A copy of the published combined “Notice of FONSI / NOIRROF” in a local newspaper of

general circulation. Provide for 15 calendar days after the date of publication of the notice forpublic comment or 18 calendar days if the notice was not published, but mailed and postedinstead. If the notice is not published, then it must be prominently displayed in the local postoffice and in other public buildings as established by the citizen participation process.

Comments received during the 15-day comment period for newspaper publications or 18-dayperiod for mailed/posted notifications and responses.

A completed "Request for Release of Funds and Certification" Form

Submit a copy of each form to the Department for review and approval. After receiving theRequest for Release of Funds and Certification form, the State must allow an additional 15 daysto accept any objections to its release of funds and the grantee’s certification prior to releasingan environmental clearance letter. The 15-day period begins on the date that the Departmentreceives the Request for Release of Funds or the date identified in the combined Notice,whichever is later. File all documents including the state environmental clearance letter in thepublic information file.

Finding of Significant Impact: If you determine that the CDBG project will have a potentiallysignificant impact on the human environment, then an Environmental Impact Statement must beprepared.


If the Environmental Assessment results in a finding that an activity will have “potentiallysignificant” impact on the human environment, the grantee must publish a notice of intent toprepare an Environmental Impact Statement (EIS). “Potentially significant” incorporatessignificant development, regional impact, and long-term effects on the environment, violation ofexisting laws and authorities or highly controversial development where in each case proceduralresolution is not feasible. 24 CFR Part 58.37 describes certain types of projects that require anEIS because of their size or nature.

For example, the construction, substantial rehabilitation, conversion or demolition of 2,500housing units requires an EIS. A water or sewer project with the capacity to support 2,500 newunits also requires an EIS. Note: If your project meets these thresholds or will result in othersignificant effects, consult with your CDBG representative regarding the preparation of an EIS.

As of Fiscal Year 2003, grantees that have received environmental clearance for previouslyfunded Housing Rehabilitation or Homebuyer Assistance Programs, must submit the appropriateenvironmental review documents for these programs, for each grant.

As of Fiscal Year 2004, if supplemental HUD funds (CDBG, HOME, program income, etc.) wereused on a project for which environmental clearance has been previously obtained, and thescope of the project has not changed since the original environmental review was completed,then the use of supplemental HUD funds is Exempt from NEPA. The grantee need only tosubmit the Finding Form and the Form 58.6. Additional noticing is not required.

American history, architecture, archeology, engineering and culture are embodied in districts,sites, buildings, structures, and objects that possess integrity of location, design, setting,materials, workmanship, feeling and association and:

That are associated with events that have made a significant contribution to the broadpatterns of our history; or

That are associated with the lives of persons significant in our past; or That display the distinctive characteristics of a type, period, or method of construction, or that

represent the work of a master, or that possess high artistic values, or that represent asignificant and distinguishable entity whose components may lack individual distinction; or

That have yielded, or may be likely to yield, information important in prehistory or history

Grantees must consult with SHPO if there are potentially any historical properties (includingarchaeological and cultural resources) on the project site or if the project could have an effect onhistorical properties, including possible historic or archaeological properties not yet identified.Public involvement is a primary ingredient in successful Section 106 compliance. It is imperativethat all affected parties be invited to comment early in the review process and that all historicalinformation from interested sources be documented to determine the reasonable, good faitheffort on the part of the Agency Official preparing the determination.

ENVIRONMENTAL IMPACT STATEMENT (§58.37)

ACTIVITIES WHICH HAVE BEEN PREVIOUSLY APPROVED UNDER 24 CFR PART 58

CONSULTATION WITH THE STATE HISTORIC PRESERVATION OFFICE (SHPO)


For rehabilitation activities, the grantee must evaluate whether the proposed activity will affect aproperty on or eligible for the National Register of Historic Buildings, and must consult withSHPO prior to making a finding regardless of whether the Rehabilitation Environmental ReviewForms or Statutory Worksheet are used.

Please note that, in the absence of a Programmatic Agreement or Letter of Understandingbetween the grantee and the SHPO, for any housing rehabilitation project that involves exteriorwork, even if the structure is less than 50 years old, the grantee shall consult with SHPO indetermining if there is an impact and in developing mitigation measures.

The Advisory Council on Historic Preservation has formalized the review period. Requests forcomment to the SHPO must receive a response within 30 days of receipt of the request.Requests for comment should be sent certified mail. If the SHPO fails to respond to an“adequately documented finding” within that review period, compliance with Section 106 iscomplete. An adequately documented finding is one for which the grantee has completed theresearch necessary to make a determination prior to formally consulting with the SHPO. If theinformation is inadequately documented, SHPO is allowed an additional 30 days to respond to are-submittal. Grantees are strongly advised to carefully follow the documentation standards in 36CFR Part 800.

Descriptions and photographs of structures to be affected by rehabilitation should be submittedto the SHPO for review as part of the environmental review procedures. Consultation with theSHPO can be made during preparation of the Statutory Worksheet or RER, however eachstructure must be evaluated on a case-by-case basis. For a Revolving Loan Fund, each loanmust be evaluated individually.

When an activity will have an affect on a property on, or eligible for, the National Register andthe agency and the SHPO disagree or require additional counsel, or if an identified consultingparty requests the Council’s participation, the Advisory Council on Historic Preservation must begiven the opportunity to comment. The Advisory Council’s regulations regarding protection ofhistoric and cultural properties (36 CFR Part 800) are at www.achp.gov/regs.html. An additional30-day review and comment period will apply.

Information on the documentation of properties and use of the Criteria for Evaluation may beobtained by writing: National Register of Historic Places, National Park Service, U.S. Departmentof the Interior, Washington, D.C. 20240 or accessing the website for the Advisory Council onHistoric Preservation at www.achp.gov, which includes the Section 106 Users Guide.

Executive Order 11988 is referenced in environmental regulation 24 CFR Part 58. It establishesFederal policy to assure that federal programs, including HUD, avoid adverse impacts tofloodplains, reduce the risk of flood loss, minimize the impact of floods on human safety, health,and welfare, and to the extent possible, restore the natural beneficial values served by thefloodplain. Only when it can be demonstrated that there is no practical alternative does it allowprovision of direct or indirect Federal assistance for floodplain development or other actions thatwould adversely affect floodplain areas.

FLOODPLAIN MANAGEMENT


E.O. 11988 applies to acquisition, new construction, and most rehabilitation activities that areundertaken with any HUD assistance within special flood hazard areas designated as within the100-year or 500-year floodplain by Federal Emergency Management Agency’s Flood HazardBoundary Maps and Flood Insurance Rate Maps. If your project is located in a floodplain or yourprogram’s target area contains a floodplain, you may be required to complete an 8-stepFloodplain and Wetlands Assessment described in federal floodplain management regulations,24 CFR Part 55.

Compliance with the Flood Disaster Protection Act of 1973 as amended is also referenced in 24CFR 58, Section 58.6. Expenditure of Federal funds, including mortgage insurance, is prohibitedin special flood hazard areas if a community is not a participant of the National Flood InsuranceProgram. The Act requires that flood insurance must be purchased and maintained on thosestructures located within the special flood hazard areas that receive Federal assistance forconstruction, reconstruction, or rehabilitation.

In general, with a few exceptions, HUD assisted actions are approvable in a special flood hazardarea only if the 8-Step decision record supports that there is no practicable alternative, thecommunity is a participant in the National Flood Insurance Program and flood insurance isobtained as a condition of approval.

An activity designed to alleviate an existing condition of particular urgency can perform amodified review. The condition must pose a serious and immediate threat to the health orwelfare of the community, must have occurred or become urgent within the last 18 months, andthe grantee must document that it has been unable to finance the activity because thecommunity’s other resources have been depleted by the emergency and other Federal programsare not sufficient to cover all the costs.

Records must include: 1) a description of the condition, documenting both the timing and thenature and degree of seriousness of the threat, 2) local certification that the CDBG activity wasdesigned to address the urgent need, i.e. a resolution, 3) evidence that other financial resourcesare unavailable to alleviate the need.

Certain Categorically Excluded activities may be deemed Exempt in emergency situations underSection 58.34(a)(10). Specifically, this clearance level addresses “Assistance for temporary orpermanent improvements that do not alter environmental conditions and are limited toprotection, repair, or restoration activities necessary only to control or arrest the effects fromdisasters or imminent threats to public safety including those resulting from physicaldeterioration”. They will follow the recordkeeping requirements for exempt projects as outlinedearlier and for emergency projects as documented above.

For an activity that, under non-emergency circumstances, would typically require noticing,Section 58.33 applies. “If funds are needed on an emergency basis and when adherence toseparate comment periods would prevent the giving of assistance, the combined Notice ofFONSI and the NOI/RROF may be disseminated and/or published simultaneously with thesubmission of the RROF. The combined NOI/RROF shall state that the funds are needed onan immediate emergency basis due to a presidentially declared disaster and that the commentperiods have been combined.

URGENT NEED / EMERGENCIES UNDER PART 58.33


The Notice shall also invite commenter’s to submit their comments to both HUD and theresponsible entity issuing the notice to assure that these comments will receive fullconsideration.” In effect, the combined FONSI notice to the public and the state will requireonly 15 days total for comment. All other review and recordkeeping requirements remain thesame. However, if the activity will have a significant environmental impact, the grantee mustimmediately consult with the Department, which will in turn under consultation with HUD, makealternative arrangements.

Environmental clearance prepared only for the portion of the project paid for with CDBGfunds.

.

Site work funded through other sources is performed prior to environmental clearance,resulting in a choice-limiting action which precludes participation by CDBG.

Project funds are obligated or expended prior to receiving environmental clearance fromHUD.

Project is not reviewed at the correct level of clearance. Public notices do not contain all required information, or dates for submitting comments /

objections are incorrect, or notices have not been disseminated as required in 24 CFR Part58.43.

An Environmental Review Record was not established or lacked source documentation. Timing of public notices and/or Request for Release of Funds and Certification is incorrect. Grantee delays or fails to consult with the State Historic Preservation Officer. Someone other than the Certifying Officer signs forms requiring the Certifying Officer’s

signature.

The Department is responsible for ensuring that grantees comply with the provisions of NEPAand the related Federal laws. To fulfill its responsibilities, the Department will consider anyobjection to the grantee’s Request for Release of Funds (RROF) and Certification receivedwithin 15 days from the day the Department received the RROF. The Department can only denythe RROF based on the following reasons:

The grantee’s certifying officer did not execute the Request for Release of Funds andCertification.

The grantee has failed to make a finding regarding significant impacts of the proposedactivity or has failed to make a written determination as required by Part 58.

The grantee has omitted one or more of the steps set forth for the preparation, publication,and completion of an Environmental Assessment or an Environmental Impact Statement, ifone is required.

The grantee or other participants in the development process have committed funds,incurred costs or undertaken activities not authorized by Part 58 before release of funds andapproval of the environmental certification by the State.

COMMON PROBLEMS

DEPARTMENT’S ROLE


If the activity involves an effect on a property on, or eligible for, the National Register of HistoricPlaces and the grantee has failed to give the Advisory Council on Historic effects the activity willhave on this property, the Grantee will not have met its environmental clearance requirementsas required in Part 58 noted above.

The Department’s approval of the RROF and Certification satisfies the responsibilities of theSecretary of Housing and Urban Development under NEPA and the related provisions ofFederal law (24 CFR Part 58.5) and once approved, funds will be released.

The Department will monitor the grantee’s environmental review procedures to meet thefollowing objectives:

To ascertain whether the grantee has complied with all of the procedures of 24 CFR Part 58,the related statutes, executive orders and regulations to determine their applicability tospecific projects and that the Environmental Review Record includes written evidence ofconsultation with and determination by other agencies, as appropriate.

To ensure that the grantee has considered the environmental quality of the project and itssurroundings in its decision-making and has adequately assessed the project’s impacts onthe environment and the environment’s impact on the project.

To ensure that funds have not been expended or committed prematurely. To provide assistance to the grantee in order to remedy any deficiencies in the grantee’s

environmental review compliance procedures.

By complying with Part 58, the grantee will have complied with the procedural aspects of NEPA,Historic Preservation and all of the related laws, regulations and executive orders as set forth in24 CFR Part 58.5 and 24 CFR Part 58.6.


AGGREGATION

TA - 02

AGGREGATION – 2009/2010

The National Environmental Policy Act (NEPA), which all recipients of federal fundssuch as entitlements grants, requires that the full environmental impact of relatedactivities be considered when conducting an environmental review. It is recommendedthat all related activities be grouped into geographic or functionally related projects andevaluated as one environmental project. For example all of your single-family activitiesshould be grouped together for the purpose of environmental review.

While a project may have several independent steps and many of these can beconsidered as exempt or categorically excluded under 24 CFR Part 58, it is important tolook at the purpose and intent of the steps and determine if aggregation applies bydefining the project activity..

What is aggregation? Aggregation is defined in 24 CFR Part 58.32(a) as activities thatare geographically related and are logical parts of a composite of actions that shall beevaluated together.

If an activity is clearly being conducted so as to meet a specific and known goal, thenthe review should include your end result. For instance if HUD is funding the design of apublic service building and other funds are available for construction of the facility on aspecific site then clearly the project is for construction of a new facility and theappropriate review must be conducted. If the HUD funds are being used to conduct aPhase I site assessment to determine if a site has potential but there are no clear plansto build, then the review would be limited to that specific purpose.

After the activities are grouped into functionally or geographically related projects, theregulations should be consulted to determine the appropriate level of review. There arefive (5) levels of review - as follows:

EXEMPT:

Any project / activity is exempt from the National Environmental Policy Act and the Laws andAuthorities found at 24 CFR Part 58.6. Activities, such as administrative or planning costs,require a determination in writing as indicated in 24 CFR Part 58.34. An optional ExemptionForm can be used for the aforementioned activity documentation.

CATEGORICALLY EXCLUDED AND NOT SUBJECT TO THE LAWS AND AUTHORITIES AT24 CFR PART 58.5:

Is determined if the project is not subject to the National Environmental Policy Act and theLaws and Authorities at 24 CFR Part 58.5. A written determination to the file must be madeand documented compliance with 24 CFR Pat 58.6 must also be included.

AGGREGATION24 CFR §58.32

AGGREGATION – 2009/2010

CATEGORICALLY EXCLUDED:

If the project is Categorically Excluded (24 CFR Part 58.35(a)), the Statutory Checklistshould be prepared: (1) if there are any compliance factors triggered, the Notice of Intent toRequest Release of Funds (NOI/RROF) should be published, and after the seven daywaiting period (10 days if you choose to post in a public place), the RROF should besubmitted to HUD. After the conclusion of the fifteen day waiting period, HUD will issue aHUD form-7015.16 / Authority to Use Grant Funds; (2) if no compliance factors aretriggered, the project reverts to exempt (24 CFR Part 58.34(a)(12)); However, you mustcomplete the Statutory Checklist to make this determination.

FULL ASSESSMENT:

If the activities are not specifically listed at 24 CFR Part 58.34, or 58.35, a full EnvironmentalAssessment (EA) must be conducted. At the conclusion of the EA, an Environmental findingmust be made either as a:

FINDING OF NO SIGNIFICANT IMPACT (FONSI)

A FONSI notice to the public must be published or posted along with a Notice ofIntent to Request Release of Fund (NOI/RROF). After the fifteen-day local waitingperiod (18 days) if you choose to post in a public place), a RROF must be made toHUD. At the conclusion of the fifteen-day waiting period HUD will issue a ROF, andthe County may commit funds (24 CFR Part 58.36).

FINDING OF SIGNIFICANT IMPACT (FOSI)

This one will require an Environmental Impact Statement (see directly below).

ENVIRONMENTAL IMPACT STATEMENT

This one applies only if a Finding of Significant Impact (FOSI) is made, or if the project isdetermined to have a potentially significant impact on the environment (24 CFR Part 58.37).Call HUD for guidance.

DOCUMENTATION:

Each of the Laws and Authorities listed at 24 CFR Part 58.5, and on the Statutory Checklist,should be complied with by contacting the State or Federal Agency responsible forimplementing the specific regulation, law or authority when applicable to the project. Forexample, Historic Preservation should be documented by contacting the State HistoricPreservation Officer, and if the project will have an adverse effect, the Advisory Council onHistoric Preservation should also be contacted. A copy of the response from both agenciesshould be included in the Environmental Review Record to document compliance (24 CFR Part58.38).

The additional social and physical issues listed in the Environmental Assessment (EA) shouldbe researched by contacting the local agency responsible for that issue, and other applicableagencies. For example, solid waste, sewage and storm-water may be researched by contactingthe City's Public Works Department to determine if facilities are adequate to support the project.Adequacy of transportation can be researched by contacting the respective department of thelocal government, the County or State.

The environmental review (Environmental Assessment or Statutory Checklist) should bedocumented by attaching a copy of the correspondence, a note to the file with name, time anddate of a phone call, or the technical analysis conducted, as appropriate for each compliancefactor.


STEPS FOR DEVELOPING A

TIERED REVIEW

TA - 03

STEPS FORDEVELOPING

A TIEREDENVIRONMENTAL

REVIEW RECORD

STEPSFOR DEVELOPING A TIERED REVIEW

STEPS FOR DEVELOPING A TIERED ENVIRONMENTAL

REVIEW RECORD(For Single Family Housing Unspecified Sites 24 CFR Part 58.35)

A Tiered environmental review record (ERR) is defined at 24 CFR Part 58.15. Itcontains a broad review, a written strategy, and a site-specific review. All parts ofthe Tiered Environmental Review must be complete before committing funds onany one site (24 CFR Part 58.22).

Follow Steps 1 through 7 below to develop a Tiered ERR. Examples for each Stepare also included.__________________________________________________________________________________

Describe the project in writing listing all related housing activities (for example:individual actions on acquisition, rehabilitation, spot demolition/reconstruction andresale). List all funding sources and the approximate amount of funding for theyears covered. A table is a good way to indicate multiple sources of funds.

This is an EXAMPLE only:

PROGRAM 2009 2010 2011 2012CDBGHOMENSP

At the bottom of the table and in the public notice indicate that actual amounts willbe described in the annual action plan.

Define the period the ERR is valid. When defining the project period consider the2,500 unit threshold at 24 CFR Part 58.37 and the requirement that adequatepublic notice be provided (24 CFR Part 58.43). It is HUD’s policy that an ERRcannot be valid for more than five (5) years.

Include maps, street names, community names and other information to definethe covered geographic area. Depending on how your community allocates funds,the geographic area you define may be city-wide, county-wide or by target areas.

Place the project description in the Environmental Review Record (ERR). (For moreinformation refer to 24 CFR Part 58.32 Project Aggregation and 24 CFR Part 58.38(a) Environmental Review Record (ERR))__________________________________________________________________________________

STEP 1


Review the activities listed in the project description to determine the level ofreview required; only activities listed at 24 CFR Part 58.35 (a)(3), (4), (5), or (6)are included for this EXAMPLE so the level of review is Categorically Excluded.

__________________________________________________________________________________

Conduct the broad environmental review addressing the Laws and Authorities onHUD’s Statutory Checklist (24 CFR Part 58.5) and document compliance with 24CFR Part 58.6 using the attached Documentation with §58.6 form.

When conducting the broad review, document compliance with as many of theArea of Statutory or Regulatory Compliance (compliance factors) on theStatutory Checklist as possible in the geographic area identified in the projectdescription.

Place the Statutory Checklist and all related documentation supporting yourdeterminations in the ERR (24 CFR Part 58.38(a)(3)).

For items that need more specific site information to document compliance,indicate “see the written strategy, must be addressed on a site-by-site basis” inthe margin of the Statutory Checklist.”

EXAMPLE: if your community is not on the coast, you can document that CoastalZone requirements do not apply on an area wide basis if you are on the coast youmay determine the project is in compliance after consulting with the Coastal ZoneManagement Agency. Alternatively, for Endangered Species if you write to theFish and Wildlife Service and they write back that no impact to EndangeredSpecies is anticipated based on the proposed activities or that no EndangeredSpecies exist in your community include that documentation in the ERR forendangered species.

Once compliance is documented for a particular compliance factor, no furtheraction is required for that compliance factor.

__________________________________________________________________________________

Develop a written strategy for addressing the compliance factors that could not beaddressed in the broad review. Place the written strategy in the ERR. (Theattached example MUST be modified for local conditions)

STEP 2

STEP 3

STEP 4


__________________________________________________________________________________

From the information on the written strategy, develop a “site specific checklist”which will be used to evaluate the individual sites. Make it very specific and userfriendly so that staff with out specific environmental knowledge can observeconditions at the site and provide information to the local government’senvironmental specialist who will conduct the technical analysis.

__________________________________________________________________________________

Publish or post the Notice of Intent to Request Release of Funds (NOI /RROF). In the public notice, indicate that the project is for multiple years (HUD’spolicy is no more than 5 years), the funding sources with approximate amount offunding (use the table above), the geographic area and the activities covered.

Upon conclusion of the waiting period, submit the HUD 7015.15 Request forRelease of Funds to HUD with a copy of the public notice. Do not commit fundsuntil the Release of Funds (ROF) period has expired. You will receive writtennotification from HUD on the HUD 7015.16 Authority to Use Grant Funds;place this document in the ERR. The Authority to Use Grant Funds is valid asdescribed in the scope of the project, the public notice, the HUD 7015.15 and theHUD 7015.16.

__________________________________________________________________________________

Upon conclusion of the waiting period, submit the HUD 7015.15 Request forRelease of Funds to HUD with a copy of the public notice. Do not commit fundsuntil the Release of Funds (ROF) period has expired. You will receive writtennotification from HUD on the HUD 7015.16 Authority to Use Grant Funds;place this document in the ERR. The Authority to Use Grant Funds is valid asdescribed in the scope of the project, the public notice, the HUD 7015.15 and theHUD 7015.16.

__________________________________________________________________________________

STEP 5

STEP 6

STEP 7


Upon receipt of the Authority to Use Grant Funds HUD 7015.16, implement thestrategy by conducting the site-specific checklist as sites are identified. Do notcommit funds for any one site until the site specific checklist for that site isdocumented, finalized, signed and dated.

Place the site specific checklist and supporting documentation in the ERR. Continueto implement the strategy for all of the activities that are included in the projectdescription. Even if compliance is required a new public notice is required unlesssomething exceptional occurs.

___________________________________________________________________________________

Define each activity funded

Define the period of the project in years; months (do not exceed 5 years)

Define the sources of funds (HUD and other funds)

On a map, show the site of the City or County for a Tiered review (this maybe the city-wide, county-wide or target areas)

On a map, show the location of the City or County in relationship to theState

This project is categorically excluded as indicated at _24 CFR Part 58.35(a)(3)(i)and (ii); 24 CFR 58.35(a)(4) and 24 CFR 58.35(a)(5)

Signature:__________________

Date:_______________________

STEP 1DEFINITION / SCOPE OF THE PROJECT

EXAMPLE ONLY

STEP 2LEVEL OF REVIEW DETERMINATION

EXAMPLE ONLY

STEP 8


Attached is an EXAMPLE of a statutory checklist, examples of documentation arenot included in this document each time there is a reference to an attachment thatMUST include your documentation. Also included is the Compliance with 58.6Form.

Refer to 24 CFR Part 58.38 (a) and (b) for guidance on content for theenvironmental review record.

Use this worksheet only for projects that are Categorically Excluded per 24 CFR §58.35(a).NOTE: Compliance with the laws and statutes listed at 24 CFR §58.6 must also bedocumented.

PROJECT NAME and DESCRIPTION -Include all contemplated actions that logically are either geographically or functionally part ofthe project: _________________________________________________

This proposal is determined to be Categorically Excluded according to:(Cite Section(s)) ____________

DIRECTIONS - Write “A” in the Status Column when the proposal, by its scope and nature, doesnot affect the resources under consideration; or write “B” if the project triggers formalcompliance consultation procedures with the oversight agency, or requires mitigation (seeStatutory Worksheet Instructions). Compliance documentation must contain verifiable sourcedocuments and relevant base data.

STEP 3CONDUCT THE REVIEW OF THE STATUTORY CHECKLIST

EXAMPLE ONLY – MUST BE MODIFIED FOR LOCAL CONDITIONS

STATUTORY WORKSHEET24 CFR PART 58.5 STATUTES, EXECUTIVE ORDERS & REGULATIONS


COMPLIANCE FACTORS:

STATUTES, EXECUTIVE ORDERS ANDREGULATIONS LISTED AT 24 CFR §58.5

A/B COMPLIANCE DETERMINATION ANDDOCUMENTATION

Historic Preservation36 CFR Part 800

B See the written strategy, must beaddressed on a site-by-site basis

Floodplain Management24 CFR §55 and Executive Order 11988


Wetland ProtectionExecutive Order 11990

A In ComplianceSee Attachment A

Coastal Zone Management ActSections 307(C) and (D)

A In ComplianceSee Attachment B

Sole Source Aquifers40 CFR 149

A In ComplianceSee Attachment C

Endangered Species Act50 CFR 402

A In ComplianceSee Attachment D

Wild and Scenic Rivers ActSections 7(B) and (C)

A In ComplianceSee Attachment E

Clean Air ActSections 176(C)(D) and 40 CFR §51.93

A In ComplianceSee Attachment F

Farmland Protection Policy Act7 CFR 658

A In ComplianceSee Attachment G

Environmental JusticeExecutive Order 12898

A In ComplianceSee Attachment H

Noise Abatement and Control24 CFR §51b

A In ComplianceSee Attachment I

Explosive and Flammable Operations24 CFR §51c

A In ComplianceSee Attachment D

Hazardous, Toxic /orRadioactive Materials and Substances

24 CFR §58.5(I)(2)


Airport Clear Zones& Accident Potential Zones

24 CFR §51d


Determination:

This project converts to EXEMPT, per Section 58.34(a)(12), because it does not require anymitigation for compliance with any listed statutes or authorities, nor requires any formal permit orlicense (Status "A" has been determined in the status column for all authorities); Funds may becommitted and drawn down for this (now) EXEMPT project;

orThis project cannot convert to EXEMPT status because one or more statutes or authorities requireformal consultation or mitigation. Complete consultation / mitigation protocol requirements, publishNOI/RROF and obtain Authority to Use Grant Funds (HUD 7015.16) per Section 58.70 and 58.71before committing or drawing down funds;


or

The unusual circumstances of this project may/will result in a significant environmental impact.This project requires preparation of an Environmental Assessment (EA). Prepare the EAaccording to 24 CFR Part 58 Subpart E.

Preparer’s Name: __________________________________________________________________

Preparer’s Signature: _________________________________________________________

Preparer’s Title: __________________________________________________________________

Date: _________

RESPONSIBLE ENTITY AGENCY OFFICIAL SIGNATURE: _________________________________________

NAME & TITLE: _______________________________________________________ DATE: ______


DOCUMENTATION OF COMPLIANCE WITH

24 CFR PART 58.6 (a–d)

Project____________________ Date________ Signature____________________________

FLOOD INSURANCE:

_____ The site is not in the 100-year flood plain (see attached map)

_____ The site is in the 100-year flood plain (see attached map)

_____ Flood Insurance is required for structures in the 100-year flood plain

a. Flood Insurance when the site is in the 100-year flood plain:

Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001 –4128), Federal financial assistance for acquisition and construction purposes(including rehabilitation) may not be used in an area identified by the FederalEmergency Management Agency (FEMA) as having special flood hazards,unless:

i. The community in which the area is situated is participating in the NationalFlood Insurance Program (see 44 CFR parts 59 through 79), or less than oneyear has passed since the FEMA notification regarding such hazards; and

Where the community is participating in the National Flood Insurance Program,flood insurance protection is to be obtained as a condition as a condition of theapproval of financial assistance to the property owner.

Where the community is participating in the National Flood Insurance Programand the recipient provides financial assistance for acquisition or constructionpurposes (including rehabilitation) for property located in an area identified byFEMA as having special flood hazards, the responsible entity is responsible forassuring that flood insurance under the National Flood Insurance Program isobtained and maintained.

Paragraph (a) of this section does not apply to apply to Federal Formula grantsmade to a State.

Under section 582 of the National Flood Insurance Reform Act of 1994, 42 U. S.C. 5154a, HUD Disaster assistance that is made available in a special floodhazard area may not be used to make a payment (including any loan assistancepayment) to a person for repair, replacement or restoration for flood damage toany personal, residential or commercial property if:

The person had previously received Federal flood disaster insurance conditionedon obtaining and maintaining flood insurance flood insurance; and

The person failed to obtain and maintain flood insurance.


COASTAL BARRIER ISLANDS:

__X_ The site is not in a Coastal Barrier Island (documentation attached)

____ The site is in the Coastal Barrier Island but the activity is not prohibitedas indicated at: http://www.fws.gov/cep/prohibfe.html

____ The site is in the Coastal Barrier Island and the activity is prohibited asindicated at: http://www.fws.gov/cep/prohibfe.html the project must berejected. Pursuant to the Coastal Barrier Resources Act, as amended bythe Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3501), HUDassistance may not be used for most activities proposed in the CoastalBarrier Resources System.

CLEAR ZONES:

_____ The site is not in the Clearzone (documentation attached)

____ The site is in the Clearzone (signed acknowledgement attached)

In all cases involving HUD assistance, subsidy, or insurance for the or sale of anexisting property in a Runaway Clear Zone or Clear Zone, as defined in 24 CFRPart 51, the responsible entity shall advise that the property is in a runwayclear zone or clear zone, what the implications of such a local are, and thatthere is a possibility that the property may, at a later date, be acquired by theairport operator. The buyer must sign a statement acknowledging receipt ofthis information.

This written strategy describes the method for the phased environmentalreview of housing related activities as described in the project description. Thesites will be evaluated using the site specific review checklist. The site specificreview must be used ONLY for activities described in the attached projectdescription. All documentation for the compliance factors included in the sitespecific review must be completed prior to committing funds for the individualsites.

1. FLOOD PLAIN MANAGEMENT

In response to Executive Order 11988, Floodplain Management, as interpreted inHUD regulations at 24 CFR Part 55, and the Flood Disaster Act of 1973. Each sitewill be reviewed to determine if the site is in the 100 year flood plain.

STEP 4DEVELOP THE WRITTEN STRATEGY



2.- HISTORIC PRESERVATION:

The National Historic Preservation Act of 1966 as amended particularly Section106 and Section 110 mandate that agencies with jurisdiction over Federalassisted, licensed or approved activities afford the Advisory Council on HistoricPreservation and the State Historic Preservation Officer s reasonable opportunityto comment on the project’s impact to historic properties. The ProgrammaticAgreement is in effect and will be followed for each specific site.

3.- HAZARDOUS OPERATIONS:

For new construction projects or projects that increase the number of personsexposed to hazards the hazard study will be conducted as required at 24 CFR Part51.

4.- TOXICS

Each site will be observed for evidence of contamination to soil and / or water, andinformation will be gathered to ensure that the site is safe for the intended usersof the project as required at 58.5(i).

Compliance with 24 CFR Part 58.61. If the site is in the 100 year flood plain flood insurance will be required.2. If the site is in the airport clearzone, the Clearzone Notification Form must

be signed by the homeowner.

(NOTE: Since we checked and documented that our project area is not in a CoastalBarrier Island we did not include that item on the Strategy).

Develop the Site Specific Review Check sheet. Example follows:

This checklist is for categorically excluded activities as listed in the unspecified sitestrategy

Address of site _____________________________

Signature of person who inspected the site __________________________

Final signature _________________________________________________

Date of completed review ______________

NOTE: If there are more than 4 new construction units together this form cannotbe used,refer to 24 CFR Part 58.35(a)(4)

STEP 5SITE SPECIFIC REVIEW CHECKLIST



1. FLOODPLAIN MANAGEMENT:

Check the Flood Insurance Rate Map (FIRM) to determine if the site is in theFloodplain (500 year for critical actions, 100 year for all other activities)

Yes ___ No___

If Yes, and site involves new construction or major rehabilitation, the eight stepdecision making process is required as described at 24 CFR Part 55.20. Also ifYes is checked, Flood Insurance is required. Attach proof of Flood Insurance and aphotocopy of the portion of the FIRM map that indicates the location of the site tothe Flood Plain.

If No, attach a photocopy of the FIRM map that shows that your site is not in theFlood Plain

2. HISTORIC PRESERVATION:

Is the structure on the site or structures adjacent to the site more than 50 yearsold?Yes ___ No___

What is the age of the structure on the site? _____.What is the age of structures on adjacent sites? _____,

Is the site in an historic district? Yes ___ No___

If you are disturbing the soil, does your site have the potential to containarcheological properties?

Yes ___ No___

If Yes to any of the above, then contact your State Historic Preservation Office(SHPO) to determine if the property is eligible for the National Register of HistoricPlaces.

If No, proceed


3. NOISE:

For rehabilitation, consideration of noise is required and a noise study is required ifthe project is within the thresholds. If the rehabilitation involves activities thatwould potentially reduce noise (such as new windows or insulation) then considermodifying the activity to reduce noise.

For new construction mitigation is required for projects which exceed an averageday night level of 65 decibels.

A. Respond to the following questions:Is there a Railroad within 3,000 feet? Yes ___ No___

Is there a Highway within 1,000 feet? Yes ___ No___

Is there a Airport within 15 miles? Yes ___ No___

NOTE: You may be able to address airport noise for the whole City or County andnot have this item on the site specific review)

B. If Yes, conduct a Noise assessment using the noise calculator athttp://www.hud.gov/offices/cpd/environment/dnlcalculator.cfm

C. List mitigation required:______________________

If the noise exceeds the acceptable level(s) reject the site or mitigate to achieveacceptable or normally acceptable Noise levels.If No, proceed with the project

4. Toxics:

Observe the site for any evidence that a toxic material could be present on the sitesuch as: distressed vegetation, vent or fill pipes, storage tanks, pits, ponds orlagoons, stained soil or pavement, pungent, foul or noxious odors, past uses of thesite.

Yes ___ No___

Check the website EPA website for offsite contamination:http://www.epa.gov/enviro/html/multisystem_query_java.html

Reject any site that has a presence of Toxics or require cleanup prior to purchasingthe site.


5. Clearzones:

_____ The site is not in the Clearzone (documentation attached).

_____ The site is in the Clearzone (signed acknowledgement attached)

In all cases involving HUD assistance, subsidy, or insurance for the or sale of anexisting property in a Runaway Clear Zone or Clear Zone, as defined in 24 CFRPart 51, the responsible entity shall advise that the property is in a runwayclear zone or clear zone, what the implications of such a local are, and thatthere is a possibility that the property may, at a later date, be acquired by theairport operator. The buyer must sign a statement acknowledging receipt ofthis information.

Following is a sample of the required public notice for a Categorically ExcludedProject. This must be published for one day, or posted for 10 days. After thecomment period (7 days for publishing and 10 days for posting) submit to HUD theRequest for Release of Funds: HUD 7015.15.

Sample Notice of Intent to Request Release ofFunds

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

Date of Notice

Name of Responsible Entity [RE]

Address

City, State, Zip Code

Telephone Number of RE Preparer Agency

On or about at least one day after the end of the comment period the [Name of RE] will[If the RE is not also the grantee, insert the following language here: "Authorize the(Name of grantee) to"]submit a request to the HUD/State administering agency for the release of [Name of grantprogram funds under Title/Section [ ] of the Name of the Act of 19___,] as amended, toundertake a project known as [Project title], for the purpose of: [Nature/Scope of project,estimated funding, and project location if applicable].

{Example of Project Description: This is a multiyear project 2009 to 2012 where the City orCounty will be carrying out various individual actions on single family homes (1 to 4 family

STEP 6PUBLISH OR POST THE NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS



dwellings). The project area is the entire City or County although it is the City or County’spolicy to exclude homes in the 100 year floodplain. The activities include: acquisition ofabandon, foreclosed, properties, rehabilitation and resale of those properties; rehabilitation ofsingle family homes owned by homeowners who apply to the Program; rehabilitation of rentalhomes owned by landlords who apply to the Program; and spot demolition when the housecannot be rehabilitated due to the condition of the house. The funding sources are identifiedbelow.}

PROGRAM 2009 2010 2011 2012CDBGHOMENSP

Actual annual amount will be identified in the annual action plan.

An Environmental Review Record (ERR) that documents the environmental determinationsfor this project is on file at Name and Address of RE office where ERR can be examinedand name and address of other locations where the record is available for review and maybe examined or copied weekdays ___ A.M. to ___ P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the RE[designated office] responsible for receiving and responding to comments. All commentsreceived by If notice is published: notice date plus seven days; If notice is posted: postingdate plus ten days will be considered by the [Name of RE] prior to authorizing submissionof a request for release of funds.

RELEASE OF FUNDS

The [Name of RE] certifies to [HUD/State] that [Name of Certifying Officer] in his/hercapacity as [Official Title] consents to accept the jurisdiction of the Federal Courts if anaction is brought to enforce responsibilities in relation to the environmental reviewprocess and that these responsibilities have been satisfied. [HUD's/State's] approval ofthe certification satisfies its responsibilities under NEPA and related laws and authorities,and allows the [Name of Grantee] to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

[HUD/State] will accept objections to its release of funds and the RE's certification for aperiod of fifteen days following the anticipated submission date or its actual receipt of therequest (whichever is later) only if they are on one of the following bases: (a) thecertification was not executed by the Certifying Officer of the [Name of RE]; (b) the REhas omitted a step or failed to make a decision or finding required by HUD regulations at24 CFR Part 58; (c) the grant recipient has committed funds or incurred costs notauthorized by 24 CFR Part 58 before approval of a release of funds by [HUD/State]; or (d)another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a writtenfinding that the project is unsatisfactory from the standpoint of environmental quality.Objections must be prepared and submitted in accordance with the required procedures(24 CFR Part 58) and shall be addressed to [HUD/State grant administration office atAddress of that office]. Potential objectors should contact HUD/State to verify the actuallast day of the objection period.


[Name and Title of RE Certifying Officer]

Submit completed HUD 7015.15 after the comment period expires. Be sure theCertifying Official signs the document after the comment period expires.

The form can be found at this site:http://www.hud.gov/offices/adm/hudclips/forms/files/7015-15.pdf

After receipt of the HUD 7015.16 Authority To Use Grant Funds, implement theSite Specific Review by filling out and documenting the Site Specific Checklist foreach site prior to committing funds on the individual sites. Place the Site SpecificReview Checklist in the ERR.

STEP 7SUBMIT THE HUD FORM 7015.15 – REQUEST FOR THE RELEASE OF FUNDS

STEP 8IMPLEMENT THE SITE SPECIFIC REVIEW CHECKLIST


ASSESSMENT TOOLS FOR ENVIRONMENTAL COMPLIANCE

– ATEC WEBSITE

TA - 04

Assessment Tools for Environmental Compliance - Environment and Energy - CPD - HUD

http://www.hud.gov/offices/cpd/environment/atec.cfm

Information by State

Print version

CommunityPlanning andDevelopmentAbout CPD

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Assessment Tools for Environmental Compliance

The Environmental Planning Division hascreated the Assessment Tools forEnvironmental Compliance (ATEC), acollection of guidance documents,calculators, checklists, and databases thataddresses the “related federal laws andauthorities.” ATEC is intended to helpgrantees meet their complianceresponsibilities and complete theirenvironmental review with greater easeand efficiency.

It also aids users in achieving theDepartment’s goal of providing a safe,suitable living environment. Another available resource is the localEnvironmental Officer (EO), who canhelp identify additional resources, answerquestions, and explain requirements.

Please send questions or comments to [email protected]

To access the various tools, click on the subject matter links in the logo above orthe hyperlinks below.

Airport Clear Zones

Air Quality

Coastal Barrier Resources

Coastal Zone Management

Endangered Species

Environmental Justice

Farmlands Protection

Explosive and Flammables

Floodplain Managementand Wetlands Protection

Hazardous Substances

Acceptable Separation Distance Calculator

Hazard Mitigation Module

Hazardous Facilities Guidebook

Historic Preservation

Historic Property Identification

Section 106 Checklist

Section 106 Flowchart

Section 106 Agreement Database

Tribal Directory Assessment Tool (TDAT)

Noise Abatement and Control

Day Night Noise Level Calculator

Sole Source Aquifers

Wild and Scenic Rivers

Content current as of 8 September 2009 Back to top

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http://www.hud.gov/offices/cpd/environment/review/historic.cfm

http://www.hud.gov/offices/cpd/environment/review/floodplain.cfm

http://www.hud.gov/offices/cpd/environment/review/farmlands.cfm

http://www.hud.gov/offices/cpd/environment/review/cleanair.cfm

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http://www.hud.gov/offices/cpd/library/relocation/index.cfm

http://www.hud.gov/offices/cpd/library/energy/index.cfm

http://www.hud.gov/offices/cpd/aidshousing/index.cfm

http://www.hud.gov/offices/cpd/about/cpdta/

http://www.hud.gov/offices/cpd/systems/index.cfm

http://www.hud.gov/offices/cpd/library/index.cfm

http://www.hud.gov/offices/cpd/lawsregs/index.cfm

http://www.hud.gov/news/index.cfm

http://www.hud.gov/buying/index.cfm

http://www.hud.gov/library/index.cfm

http://www.hud.gov/community/index.cfm

http://www.hud.gov/grants/index.cfm

http://www.hud.gov/webcasts/index.cfm


http://www.hud.gov/subscribe/mailinglist.cfm

http://www.hud.gov/rss/index.cfm

http://www.hud.gov/assist/index.cfm

http://www.usa.gov/

http://www.hud.gov/offices/cpd/environment/contact/localcontacts/index.cfm

http://www.hud.gov/utilities/intercept.cfm?mailto:[email protected]

http://www.hud.gov/offices/cpd/environment/review/qa/airport.cfm

http://www.hud.gov/offices/cpd/environment/review/cleanair.cfm

http://www.fws.gov/habitatconservation/coastal_barrier.html

http://www.hud.gov/offices/cpd/environment/review/coastal.cfm

http://www.hud.gov/offices/cpd/environment/review/endangeredspecies.cfm

http://www.hud.gov/offices/cpd/environment/review/justice.cfm

http://www.hud.gov/offices/cpd/environment/review/farmlands.cfm

http://www.hud.gov/offices/cpd/environment/review/explosive.cfm



http://www.hud.gov/offices/cpd/environment/review/hazardous.cfm



http://www.hud.gov/utilities/intercept.cfm?/offices/cpd/environment/hazards_mitigation_options.pdf

http://www.hud.gov/utilities/intercept.cfm?/offices/cpd/environment/hazards_mitigation_options.pdf

http://www.hud.gov/offices/cpd/environment/training/guidebooks/hazfacilities/

http://www.hud.gov/offices/cpd/environment/review/historic.cfm

http://www.hud.gov/offices/cpd/environment/hpi.cfm

http://www.hud.gov/utilities/intercept.cfm?/offices/cpd/environment/sec106checklist.pdf

http://www.hud.gov/utilities/intercept.cfm?/offices/cpd/environment/sec106flowchart-08-09.pdf

http://www.hud.gov/offices/cpd/environment/section106/index.cfm

http://www.hud.gov/offices/cpd/environment/section106/index.cfm



http://www.hud.gov/offices/cpd/environment/review/noise.cfm

http://www.hud.gov/offices/cpd/environment/dnlcalculator.cfm

http://www.hud.gov/offices/cpd/environment/dnlcalculator.cfm

http://www.hud.gov/offices/cpd/environment/review/aquifiers.cfm

http://www.hud.gov/offices/cpd/environment/review/rivers.cfm

http://www.hud.gov/offices/adm/foia/

http://www.hud.gov/assist/privacy.cfm

http://www.hud.gov/assist/webpolicies.cfm

http://www.hud.gov/

http://www.hud.gov/library/bookshelf11/hudgraphics/fheologo.cfm


CERTIFICATION OF CATEGORICAL EXCLUSION –

NOT SUBJECT TO PART 58.5

TA - 05

Certification of Categorical Exclusion (not subject to §58.5)Determination of activities per 24 CFR §58.35(b)

May be subject to provisions of 24 CFR §58.6, as applicable

Project Name: _______________Project Description: _____Address: _______Funding Source: CDBG____ HOME____ ESG____ HOPWA____ EDISP Grant____ Other____

Funding Amount: $ __________ Grant Number:

1. Tenant-based rental assistance;2. Supportive services including, but not limited to, health care, housing services, permanent housing

placement, day care, nutritional services, short-term payments for rent/mortgage/utility costs, andassistance in gaining access to local, State, and Federal government benefits and services;

3. Operating costs including maintenance, security, operation, utilities, furnishings, equipment, supplies, stafftraining and recruitment, and other incidental costs;

4. Economic development activities, including but not limited to, equipment purchase, inventory financing,interest subsidy, operating expenses and similar costs not associated with construction or expansion ofexisting operations;

5. Activities to assist homebuyers to purchase existing dwelling units or dwelling units under construction,including closing costs and down payment assistance, interest buy downs, and similar activities that result inthe transfer of title.

6. Affordable housing pre-development costs including legal, consulting, developer and other costs related toobtaining site options, project financing, administrative costs and fees for loan commitments, zoningapprovals, and other related activities which do not have a physical impact.

7. Approval of supplemental assistance (including insurance or guarantee) to a project previously approvedunder this part, if the approval is made by the same responsible entity that conducted the environmentalreview on the original project and re-evaluation of the environmental findings is not required under §58.47.

If your project falls into any of the above categories, you do not have to submit a Request for Release of Funds (RROF), and nofurther approval from HUD is needed for the drawdown of funds. However, the Responsible Entity must still document inwriting its compliance with and/or applicability of “other requirements” per 24 CFR §58.6 (included with this document).

By signing below the Responsible Entity certifies in writing that each activity or project is Categorically Excluded (not subject to§58.5) and meets the conditions specified for such determination per section 24 CFR §58.35(b). Please keep a copy of thisdetermination in your project files.

__________________________________________ __________________Responsible Entity Certifying Official Name Title

(please print)

Responsible Entity Certifying Official Signature Date


CERTIFICATION OF CATEGORICAL EXCLUSION –

SUBJECT TO PART 58.5

TA - 06

Certification of Categorical Exclusion – (Subject to Part 58.5)

Certification of Categorical Exclusion (Subject to §58.5) Determination of activities per 24 CFR §58.35(a)

May be subject to provisions of 24 CFR §58.6, as applicable

Project Name: Project Description: Address: Funding Source: CDBG____ HOME____ ESG____ HOPWA____ EDISP Grant____ Other____

Funding Amount: $ __________ Grant Number: 1. Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities and improvements

(other than buildings) 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 (e.g., replacement of water or sewer lines, reconstruction of curbs and sidewalks, repaving of streets);

2. Special projects directed to the removal of material and architectural barriers that restrict the mobility

of and accessibility to elderly and disabled persons; 3. Rehabilitation of buildings and improvements when the following conditions are met:

i. In the case of a building for residential use (with one to four units), the density is not increased beyond four units, the land use is not changed, and the footprint of the building is not increased in a floodplain or in a wetland.

ii. In the case of multifamily residential buildings: a. Unit density is not changed more than 20 percent; b. The project does not involve changes in land use from residential to non-residential; and c. The estimated cost of rehabilitation is less than 75 percent of the total estimated cost of


iii. In the case of non-residential structures, including commercial, industrial, and public buildings: a. The facilities and improvements are in place and will not be changed in size or capacity

by more than 20 percent; and b. The activity does not involve a change in land use, such as from non-residential to residential,

commercial to industrial, or from one industrial use to another;

4. i. An individual action on a one- to four-family dwelling up to four dwelling units where there is a maximum of four units on any one site. The units can be four one-unit buildings or one four-unit building or any combination in between; or

ii. An individual action on a project of five or more housings units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four housing units on any one site.

iii. Items (i) and (ii) do not apply to rehabilitation of a building for residential use (with one to four units);

5. Acquisition (including leasing) or disposition of, or equity loans on an existing structure, or acquisition (Including leasing) of vacant land provided that the structure or land acquired, financed, or disposed of will be retained for the same use;

6. Combinations of the above activities.

Certification of Categorical Exclusion – (Subject to Part 58.5)

Certification of Categorical Exclusion (Subject to §58.5) Checklist The responsible entity must complete and attach a Statutory Worksheet. If there are circumstances that require compliance with any of the Federal laws and authorities cited in 24 CFR §58.5 you must complete consultation or mitigation requirements, publish a Notice of Intent to Request Release of Funds and obtain Authority to Use Grant Funds (HUD 7015.16) per 24 CFR §58.70 and §58.71 before drawing down funds. If there are no circumstances that require compliance with any of the Federal laws and authorities cited in 24 CFR §58.5 the project converts to Exempt per 24 CFR §58.34(a)(12); therefore, you do not have to submit a Request for Release of Funds and no further approval from HUD is needed before drawing down funds. However, the Responsible Entity must still document in writing its compliance with and/or applicability of “other requirements” per 24 CFR §58.6 (included with this document). By signing below - the Responsible Entity certifies in writing that each activity or project is Categorically Excluded (Subject to §58.5) and meets the conditions specified for such determination under 24 CFR §58.35(a). Please keep a copy of this determination and the Statutory Worksheet in your project files. __________________________________________ __________________ Responsible Entity Certifying Official Name Title (please print) Responsible Entity Certifying Official Signature Date


CERTIFICATION OF EXEMPTION

FOR HUD-FUNDED PROJECTS

TA - 07

Certification of Exemption

Certification of Exemption for HUD-Funded Projects Determination of activities not subject to 24 CFR §58.34(a) May be subject to provisions of 24 CFR §58.6, as applicable

Project Name: Project Description: Address: Funding Source: CDBG___ HOME____ ESG____ HOPWA____ EDISP Grant____ Other___

Funding Amount: $ __________ Grant Number:

1. Environmental and other studies, resource identification and the development of plans and strategies; 2. Information and financial services; 3. Administrative and management activities; 4. Public services that will not have a physical impact or result in any physical changes, including but not limited

to services concerned with employment, crime prevention, child care, health, drug abuse, education, counseling, energy conservation and welfare or recreational needs;

5. Inspections and testing of properties for hazards or defects; 6. Purchase of insurance; 7. Purchase of tools; 8. Engineering or design costs; 9. Technical assistance and training; 10. 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 or imminent threats to public safety including those resulting from physical deterioration;

11. Payment of principal and interest on loans made or obligations guaranteed by HUD; 12. Any of the categorical exclusions listed in §58.35(a) provided that there are no circumstances that require

compliance with any other Federal laws and authorities cited in 24 CFR §58.5. If your project falls into any of the above categories, you do not have to submit a Request for Release of Funds (RROF), and no further approval from HUD will be needed by the recipient for the drawdown of funds to carry out exempt activities and projects. However, the responsible entity must still document in writing its compliance with and/or applicability of “other requirements” per 24 CFR §58.6 (included with this document). By signing below the Responsible Entity certifies in writing that each activity or project is exempt and meets the conditions specified for such exemption under Section 24 CFR §58.34(a). Please keep a copy of this determination in your project files. __________________________________________ __________________ Responsible Entity Certifying Official Name Title (please print) Responsible Entity Certifying Official Signature Date


COMPLIANCE DOCUMENTATION

CHECKLIST

TA - 08

Compliance Checklist 24 CFR 58.6 Page 1 of 1

Compliance Documentation Checklist 24 CFR 58.6

Project Name: _________ Project Description: Level of Environmental Review Determination: (Select One: Exempt per 24 CFR 58.34, Categorically Excluded not subject to statutes per § 58.35(b), Categorically Excluded subject to statutes per § 58.35(a), or Environmental Assessment per § 58.36, or EIS per 40 CFR 1500). STATUTES AND REGULATIONS LISTED AT 24 CFR 58.6 FLOOD DISASTER PROTECTION ACT 1. Does the project involve acquisition, construction or rehabilitation of structures located in a FEMA-identified Special Flood Hazard? ( ) No - Source Documentation: ( ) Yes – Continue To Question 2. 2. Is the community participating in the National Flood Insurance Program (or has less than one year passed since FEMA notification of Special Flood Hazards)? ( ) Yes - Flood Insurance under the National Flood Insurance Program must be obtained and maintained for the economic life of the project, in the amount of the total project cost. A copy of the flood insurance policy declaration must be in file. ( ) No - Federal assistance may not be used in the Special Flood Hazards Area unless the community is participating in the National Flood Insurance Program. COASTAL BARRIERS RESOURCES ACT 1. Is the project located in a coastal barrier resource area? ( ) Not Applicable - Non-Coastal County. ( ) No – Coastal counties must cite source documentation: (This element is completed). ( ) Yes - Federal assistance may not be used in such an area. AIRPORT RUNWAY CLEAR ZONES AND CLEAR ZONES DISCLOSURES 1. Is the project located within 3,000 feet from the end of the runway at a civil airport? Is the project located within 2.5 miles from the end a runway at a military airfield? ( ) No - Source Documentation: (This element is completed). ( ) Yes – Continue to Question 2. 2. Does the project involve the sale or acquisition of existing property within a Civil Airport's Runway Clear Zone or a Military Installation's Clear Zone? ( ) No - Source Documentation: (Project complies with 24 CFR 51.303[a][3]). ( ) Yes – A disclosure statement must be provided to buyer and a copy of the signed disclosure must be maintained in this Environmental Review Record. Prepared by (name and title, please print): Signature: ___ Date:_________


ENVIRONMENTAL ASSESSMENT

FOR HUD-FUNDED PROPOSALS

TA - 09

ENVIRONMENTAL ASSESSMENT for HUD-FUNDED PROPOSALS

Recommended format per 24 CFR 58.36

PROJECT NAME / PROJECT NUMBER: _____________________________ ________________ PREPARER: ______________________________________ RESPONSIBLE ENTITY: _______________________________ MONTH / YEAR: __________ / __________

Environmental Assessment

Responsible Entity: ________________________________________________ [24 CFR 58.2(a)(7)]

Certifying Officer: _________________________________________________ [24 CFR 58.2(a)(2)]

Project Name: ____________________________________________________ Project Location: __________________________________________________ Estimated total project cost: ________________________________________ Grant Recipient: __________________________________________________ [24 CFR 58.2(a)(5)] Recipient Address: ________________________________________________ Project Representative: ____________________________________________ Telephone Number: ______________________________________________ Conditions for Approval: (List all mitigation measures adopted by the responsible entity to eliminate or minimize adverse environmental impacts. These conditions must be included in project contracts and other relevant documents as requirements). [24 CFR 58.40(d), 40 CFR 1505.2(c)]

Finding: [58.40(g)] ___ Finding of No Significant Impact (The project will not result in a significant impact on the quality of the human environment) ___ Finding of Significant Impact (The project may significantly affect the quality of the human environment) Preparer Signature: _____________________________________Date:________ Name/Title/Agency: __________________________________________________ RE Approving Official Signature: __________________________Date:________ Name/Title/Agency:__________________________________________________ Statement of Purpose and Need for the Proposal: [40 CFR 1508.9(b)] Description of the Proposal: Include all contemplated actions which logically are either geographically or functionally a composite part of the project, regardless of the source of funding. [24 CFR 58.32, 40 CFR 1508.25]

Existing Conditions and Trends: Describe the existing conditions of the project area and its surroundings, and trends likely to continue in the absence of the project. [24 CFR 58.40(a)]

Statutory Checklist [24CFR §58.5]

Record the determinations made regarding each listed statute, executive order or regulation. Provide appropriate source documentation. [Note reviews or consultations completed as well as any applicable permits or approvals obtained or required. Note dates of contact or page references]. Provide compliance or consistency documentation. Attach additional material as appropriate. Note conditions, attenuation or mitigation measures as required. Factors Determination and Compliance Documentation Historic Preservation [36 CFR 800]

Floodplain Management [24 CFR 55, Executive Order 11988]

Wetlands Protection [Executive Order 11990]

Coastal Zone Management Act [Sections 307(c),(d)]

Sole Source Aquifers [40 CFR 149]

Endangered Species Act [50 CFR 402]

Wild and Scenic Rivers Act [Sections 7 (b), (c)]

Air Quality [Clean Air Act, Sections 176 (c) and (d), and 40 CFR 6, 51, 93]

Farmland Protection Policy Act [7 CFR 658]

Environmental Justice [Executive Order 12898]

HUD Environmental Standards Determination and Compliance Documentation Noise Abatement and Control [24 CFR 51 B]

Toxic/Hazardous/Radioactive Materials, Contamination, Chemicals or Gases [24 CFR 58.5(i)(2)]

Siting of HUD-Assisted Projects near Hazardous Operations [24 CFR 51 C]

Airport Clear Zones and Accident Potential Zones [24 CFR 51 D]

Environmental Assessment Checklist [Environmental Review Guide HUD CPD 782, 24 CFR 58.40; Ref. 40 CFR 1508.8 &1508.27]

Evaluate the significance of the effects of the proposal on the character, features and resources of the project area. Enter relevant base data and verifiable source documentation to support the finding. Then enter the appropriate impact code from the following list to make a determination of impact. Impact Codes: (1) - No impact anticipated; (2) - Potentially beneficial; (3) - Potentially adverse; (4) - Requires mitigation; (5) - Requires project modification. Note names, dates of contact, telephone numbers and page references. Attach additional material as appropriate. Note conditions or mitigation measures required. Land Development Code Source or Documentation

Conformance with Comprehensive Plans and Zoning

Compatibility and Urban Impact

Slope

Erosion

Soil Suitability

Hazards and Nuisances including Site Safety

Energy Consumption

Noise Contribution to Community Noise Levels

Air Quality Effects of Ambient Air Quality on Project and Contribution to Community Pollution Levels

Environmental Design Visual Quality - Coherence, Diversity, Compatible Use and Scale

Socioeconomic Code Source or Documentation Demographic Character Changes Displacement Employment and Income Patterns Community Facilities and Services Code Source or Documentation Educational Facilities Commercial Facilities Health Care Social Services Solid Waste Waste Water

Storm Water Water Supply Public Safety - Police

- Fire - Emergency Medical Open Space and Recreation - Open Space

- Recreation - Cultural Facilities Transportation

Natural Features Code Source or Documentation Water Resources

Surface Water

Unique Natural Features and Agricultural Lands

Vegetation and Wildlife

Other Factors Code Source or Documentation Flood Disaster Protection Act [Flood Insurance] [§58.6(a)]

Coastal Barrier Resources Act/ Coastal Barrier Improvement Act [§58.6(c)]

Airport Runway Clear Zone or Clear Zone Disclosure [§58.6(d)]

Other Factors

Summary of Findings and Conclusions ALTERNATIVES TO THE PROPOSED ACTION

Alternatives and Project Modifications Considered [24 CFR 58.40(e), Ref. 40 CFR 1508.9] (Identify other reasonable courses of action that were considered and not selected, such as other sites, design modifications, or other uses of the subject site. Describe the benefits and adverse impacts to the human environment of each alternative and the reasons for rejecting it.) No Action Alternative [24 CFR 58.40(e)] (Discuss the benefits and adverse impacts to the human environment of not implementing the preferred alternative). Mitigation Measures Recommended [24 CFR 58.40(d), 40 CFR 1508.20] (Recommend feasible ways in which the proposal or its external factors should be modified in order to minimize adverse environmental impacts and restore or enhance environmental quality.) Additional Studies Performed (Attach studies or summaries) List of Sources, Agencies and Persons Consulted [40 CFR 1508.9(b)]


ENVIRONMENTAL CLEARANCE - PROJECT-BASED RENTAL

ASSISTANCE

TA - 10

Environmental Clearance for Project Based Rental Assistance*

*When HUD does the review it is done under Part 50

Use the citations below as applicable

HUD Review Project Name______________________________________ Grant Number______________________

The project is defined as: The local organization (usually a nonprofit) rents a residence and places individuals or families participating in the program (participant) in the residence. When that participant moves, a new participant then moves into the residence. No rehabilitation is involved in this project. This project is classified as: 24 CFR Part 50.20 Categorical Exclusions Subject to the Federal Laws and Authorities cited in §50.4. As indicated at 24 CFR Part 50.20(a) (4), Categorically Excluded projects normally require a HUD Form 4128, Part A only. However, only the following items are applicable do to the nature of the project: 1. Is the site(s) located in Coastal Barrier Resource designated under the Coastal Barrier Resource Act? Refer to and attach copy of Flood Insurance Rate Map (FIRM) or distance from coast. [ ] Yes [ ] No If Yes, the site must be rejected. If No, PROCEED. 2. Is the site in a Coastal High Hazard Area? Refer to and attach copy of FIRM or distance from the coast. [ ] Yes [ ] No If Yes, the site must be rejected. If No, PROCEED. 3. Observe site or study site documentation to determine if the site is clear of hazardous materials, toxic chemicals or gases, radio active substances where such hazard could affect the health and safety of proposed occupants. You may use the following Web sites to document compliance. USHUD’s Enterprise Geographic Information System (EGIS) at http://egis.hud.gov/egis/, or USEPA’s Envirofacts Data Warehouse at http://www.epa.gov/enviro/index_java.html. Were “toxics” observed or noted? [ ] Yes [ ] No If Yes, the site must be rejected. If No, PROCEED. 4. Does the project include 5 or more units located in the 100 year floodplain? Refer to and attach copy of Flood Insurance Rate Map (FIRM). [ ] Yes [ ] No If Yes, the 8-Step decision making process must be conducted. . If No, PROCEED. The recipient may certify they will not fund sites in the 100 year floodplain. If they do, then maintain documentation of proof the site is not in the flood plain. HUD Staff Certification____________________________________________ Date________ Funds may now be released. Maintain this form to document compliance

http://egis.hud.gov/egis/�

http://www.epa.gov/enviro/index_java.html�

Environmental Clearance for Project Based Rental Assistance*

*When the local Government assumes the role it is done under Part 58.

This form should be used by local governments only.

Local Government Review 24 CFR Part 58.35(a)(4) and (5) The project is defined as: The local organization (usually a nonprofit) rents a residence and places individuals or families participating in the program (participant) in the residence. When that participant moves a new participant then moves into the residence. No rehabilitation is involved in this project. This project is classified as: 24 CFR Part 58.35(a) Categorical Exclusions - Subject to the Federal Laws and Authorities cited in § 58.5. As indicated in 24 CFR part 58.35(a)(4) and (5), a categorically excluded activity would normally require a Statutory Checklist; however, only the following items are applicable due to the nature of the project. You may use this optional form to document compliance. 1. Is the site(s) located in Coastal Barrier Resource designated under the Coastal Barrier Resource Act? Refer to and attach copy of Flood Insurance Rate Map (FIRM) or distance from coast. [ ] Yes [ ] No If Yes, the site must be rejected. If No, PROCEED. 2. Is the site in a Coastal High Hazard Area? Refer to and attach copy of FIRM or distance from the coast. [ ] Yes [ ] No If Yes, the site must be rejected. If No, PROCEED. 3. Observe site or study site documentation to determine if the site is clear of hazardous materials, toxic chemicals or gases, radio active substances where such hazard could affect the health and safety of proposed occupants. You may use the following Web sites to document compliance. USHUD’s Enterprise Geographic Information System (EGIS) at http://egis.hud.gov/egis/, or USEPA’s Envirofacts Data Warehouse at http://www.epa.gov/enviro/index_java.html. Were “toxics” observed or noted? [ ] Yes [ ] No If Yes, the site must be rejected. If No, PROCEED. 4. Does the project include 5 or more units located in the 100 year floodplain? Refer to and attach copy of Flood Insurance Rate Map (FIRM). [ ] Yes [ ] No If Yes, the 8-Step decision making process must be conducted. . If No, PROCEED. The recipient may certify they will not fund sites in the 100 year floodplain. If they do, they must maintain documentation of proof the site is not in the flood plain. Local Government Certification Staff Name, Title _____________________________________________________ Date___________________ Provide a copy of this form to the Homeless Coordinator at the local HUD Field Office. Funds may now be released. A HUD-7015.15 is not required as indicated at 24 CFR Part 58.35(b) unless compliance with one of the compliance factors above is triggered. If something above is triggered publish the Notice of Intent to Request Release of Funds and submit the HUD-7015.15 Request for the Release of Funds to Al Cazzoli US Department of HUD, 909 SE. First Avenue, Miami, FL 33131. You will receive a HUD-7015.16 Authority to Use Grant Funds, when the comment period expires.

http://egis.hud.gov/egis/�

http://www.epa.gov/enviro/index_java.html�


ENVIRONMENTAL CLEARANCE - TENANT-BASED RENTAL

ASSISTANCE

TA - 11

Environmental Clearance for Tenant Based Rental Assistance

When HUD does the review it is done under Part 50. When the local Government assumes the role it is done under Part 58.

Use the citations below as applicable

HUD REVIEW

Project Name ______________________ Grant Number __________________

The project is defined as: individuals or families receive a voucher for rental assistance(or similar instrument) and go out on the open market and choose a place to live. Theythen give the voucher to the landlord for payment of rent.

This project is classified as: 24 CFR Part 50.19 Categorical Exclusions Not Subject tothe Federal Laws and Authorities cited in §50.4. As indicated at 24 CFR Part50.19(a)(11) no environmental review is required for this project.

HUD Staff Certification___________________________ Date_________

Funds may now be released.

LOCAL REVIEW

Project Name ______________________ Grant Number __________________

The project is defined as: individuals or families receive a voucher for rental assistance(or similar instrument) and go out on the open market and choose a place to live. Theythen give the voucher to the landlord as payment for rent.

This project is classified as: 24 CFR Part 58.35(b) Categorical Exclusions not Subject tothe Federal Laws and Authorities cited in §50.4. As indicated at 24 CFR Part58.35(b)(1) no environmental review is required for this project.

Local Government Certification

Staff Name ______________________________

Title____________________________

Date ___________________

Fax this form to the Homeless Coordinator at the local HUD Field Office. Funds may now bereleased. A HUD 7015.15 is not required as indicated at 24 CFR Part 58.35(b)


ENVIRONMENTAL LEVEL OF

REVIEW - MATRIX

TA - 12

24 CFR EXEMPT* CE & NST** CE*** EA****X

X1 X2

X4 X4

§58.35 (a)(2) X§58.35 (a)(1) X4 X2

§58.35 (b)(5)XXX

§58.35 (b)(1) X

X1

X§58.34 (a)(4) X

X§58.35 (b)(2) X

XX

XX

X3

X1

X2

X3

X4

**********

G INTEREST BUYDOWNTENANT-BASED RENTAL ASSISTANCEACQUISITION OR DISPOSITION OF LAND

ACTIVITIES

HOMEOWNERSHIP ASSISTANCE - EXISTINGG CLOSING COSTSG DOWN PAYMENT

SINGLE FAMILY REHABILITATIONMULTI-FAMILY REHABILITATIONNEW CONSTRUCTIONHANDICAPPED ACCESSPUBLIC FACILITIES

INFORMATION SERVICESPUBLIC SERVICES - NOT PHYSICALENVIRONMENTAL, FEASIBILITY & OTHER STUDIES

PAYMENT OF HUD LOAN GUARANTEESUPPORTIVE SERVICES

OPERATING COSTSADMINISTRATIVE SERVICES AND COSTSPURCHASE OF TOOLSECONOMIC DEVELOPMENT ACTIVITIES

Not associated with construction

If for continued use, < 20% change in density (or size), or costIf for change in use, change in density (or size) > 20% or cost

Level of environmental review required is dependent on the number of units in each project fundedRefer to 24 CFR Part 58.35 (a)(4)

Exempt - Exempt Activity(ies)CE/NST - Categorically Excluded and Not Subject to 24 CFR Part 58.5 Related Laws and AuthoritiesCategorically Excluded from NEPA (Statutory Checklist)EA - Environmental Assessment (Format II)

LEVEL OF ENVIRONMENTAL REVIEW REVIEW FORM REQUIRED TYPE OF PUBLICATION

EXEMPT - 24 CFR Part 58.34Document the EnvironmentalReview Record (ERR)

No Public Notice Required / No RROF

CATEGORICAL EXCLUSION - 24 CFR Part 58.35Compliance action "triggered" on the Statutory Checklist

Statutory Checklist -No Finding(s) is made

Publish NOI/RROF- Wait 7 daysSubmit RROF HUD-7015.15 to HUD and wait15 days. HUD issues Release of Funds7015.16

CATEGORICAL EXCLUSION - 24 CFR Part 58.35(a)Subject to 24CFR §58.5; No compliance "triggered" on the Statutory Checklist

Statutory Checklist / Documentthe Environmental Review Record -No Finding is made.


CATEGORICAL EXCLUSION - 24 CFR Part 58.35 Not Subject to24 CFR §58.5

Document the EnvironmentalReview Record (ERR)


ENVIRONMENTAL ASSESSMENTEIS required if project(s) meetsany conditions in §58.37(a) and§58.37(b)

Publish FONSI and NOI/RROF, wait 15 days;RROF to HUD and wait 15 days, HUD issuesAuthority to Release of Funds HUD-7015.16

FINDING-A determination that the project action will or will not affect the quality of the human environmentFOSI-Finding of Significant Impact; an EIS is now required FONSI-Finding of No Significant ImpactNOI-Notice of Intent NOI/RROF-Notice of Intent/Request for the Release of FundsPUBLIC NOTICE-In the newspaper ROF-Release of Funds RROF-Request for the Release of Funds HUD-7015.15

ENVIRONMENTAL IMPACT STATEMENTHUD should be contacted by theResponsible Entity (RE)

GLOSSARY TERMSEA-Environmental Assessment EIS-Environmental Impact Statement ERR-Environmental Review Record

ENVIRONMENTAL REVIEW REQUIREMENTS - CHART


ENVIRONMENTAL LEVEL OF

REVIEW - NARRATIVE

TA - 13

Levels of the Environmental Review

EXEMPT ACTIVITIES

NEPA requirements and related Federal laws and authorities under 24 CFR Part 58.5 are not applicable tothe project. However, requirements under 58.6 are applicable as they pertain to the Flood DisasterProtection Act, the Coastal Barrier Resources Act, and the Airport Runway Clear Zones and Clear ZonesDisclosures.

Activities considered Exempt include the following:

Environmental and planning studies.

General administrative costs.

Payment of costs for eligible public services that will not have a physical impact or result in anyphysical changes, including but not limited to services addressing employment, crime prevention,child care, health, drug abuse, education, counseling, energy conservation and welfare orrecreational needs;

Inspections and testing of properties for hazards and defects.

Preliminary and final engineering and design costs incurred for an eligible State CDBG programactivity;

Technical assistance and training.

Assistance for temporary or permanent improvements that do not alter environmental conditionsand are limited to protection, repair or restoration activities necessary only to control or arrest theeffects from disasters or imminent threats to public safety including those resulting from physicaldeterioration;

Activities that are Categorically Excluded and subject to §58.5, but have converted to Exempt.

____________________________________________________________

CATEGORICALLY EXCLUDED ACTIVITIES . . .

. . . FROM NEPA AND NOT SUBJECT TO 24 CFR PART 58.5 / (58.35(b)

NEPA requirements and related Federal authorities under 58.5 are not applicable to these projects. Again,requirements under 58.6 are applicable as they pertain to the Flood Disaster Protection Act, the CoastalBarrier Resources Act, and the Airport Runway Clear Zones and Clear Zones Disclosures.


LEVELS OF THE ENVIRONMENTAL REVIEW


Economic development activities, including but not limited to, equipment purchase, inventoryfinancing, interest subsidy, operating costs and similar costs not associated with construction orexpansion of existing operations

Payment of CDBG eligible operating costs.

Payment of CDBG eligible supportive service costs, including but not limited to, health care,housing services, permanent housing placement, day care, and nutritional services.

Activities to assist homebuyers to purchase existing dwelling units, or dwelling units underconstruction where the foundation is already in place at the time the buyer applies for assistance,including closing costs and down payment assistance, interest rate buy-downs, and similaractivities that result only in the transfer of title.

Affordable housing predevelopment costs.

If any additional activities are taking place, such as rehabilitation or new construction, or if the project isassociated with the expansion of existing operations, the project does have to meet a higherenvironmental clearance level, even if CDBG funds are not paying for the additional activities.____________________________________________________________

CATEGORICALLY EXCLUDED ACTIVITIES . . .

. . . FROM NEPA AND BUT SUBJECT TO 24 CFR PART58.5 / (58.35(a)

NEPA requirements are not applicable, the requirements of 24 CFR Part 58.5 however, are applicable toprojects in this category. For example, although the project is excluded from a full review under NEPA, itmay be located in a floodplain and trigger a floodplain and wetlands assessment or a project may involverehabilitating homes or disturbing the soil, therefore, be subject to historic preservation requirements.

Requirements under 24 CFR Part 58.6 are also applicable as they pertain to the Flood Disaster ProtectionAct, the Coastal Barrier Resources Act, and the Airport Runway Clear Zones and Clear Zones Disclosures.Only HUD-identified airports and military airports are subject to this requirement. Contact your arearepresentative for the list of airports. However, for any airport not designated commercial by the FAA, theairport operator must be contacted for information and advice regarding potential dangers,encroachment, building heights, etc.


The acquisition, reconstruction, rehabilitation, or installation of CDBG eligible public works andimprovements when the facilities and improvements are in place and will be retained in thesame use with less than a 20% change in size or capacity (e.g., replacement of water or sewerlines, reconstruction of curbs and sidewalks, repaving of streets).

Special projects directed to the removal of material and architectural barriers that restrict mobilityof and accessibility to elderly and handicapped persons.


The rehabilitation of buildings and improvements when the following conditions are met: For a residential building with one to four units: The density is not increased beyond four units, The land use is not changed, The footprint of the building is not increased in a floodplain or in a wetland.

For multifamily residential buildings: Unit density is not changed more than 20 percent; There are no changes in land use from residential to non-residential; and The estimated cost of rehabilitation is less than 75 percent of the total estimated cost of


For non-residential structures: The facilities and improvements are in place and will not be changed in size or capacity by

more than 20 percent; and The activity does not involve a change in land use, such as from non-residential to

residential, commercial to industrial, or from one industrial use to another. An individual action on up to four dwelling units where there is a maximum of four units on any

one site. The units can be four one-unit buildings or one four-unit building or any combination inbetween (This does not apply to the rehabilitation of a building for residential use with one to fourunits).

An individual action on a project of five or more housing units developed on scattered sites whenthe sites are more than 2,000 feet apart and there are not more than four housing units on anyone site.

Acquisition of an existing structure provided that the structure acquired will be retained for thesame use.

Combinations of any of the above activities.____________________________________________________________

ENVIRONMENTAL ASSESSMENTS – 24 CFR PART 58.36

If your project is not found to be Exempt or Categorically Excluded from NEPA, an EnvironmentalAssessment (EA) will be required. This document is used to evaluate the environmental ramifications ofproposed CDBG funded and related program activities. Depending upon the magnitude and complexity ofthe proposed project, the Environmental Assessment can lead to two types of clearances or findings.These include a Finding of No Significant Impact (FONSI) or a Notice of Intent to Prepare an EnvironmentalImpact Statement (EIS), which is further described further below.

Projects funded under the State CDBG Program rarely require an EIS since State CDBG activities usually donot constitute a “major Federal action” or they are a small part of a large project for which a fullenvironmental review has already been completed. The preparation of an Environmental Assessment(EA), which leads to a FONSI, will be typical for projects that are not exempt or categorically excluded.



The construction of a community facility such as a Child Care facility, a Homeless Shelter, or aCommunity Center.

Public Works activities in which the size and capacity of the system or facility will be increased bymore than 20 percent.

Infrastructure activities in support of a new construction project.

An individual action on a project of 5 or more units when the units are located within 2,000 feet ofeach other.

The Environmental Assessment will result in either a:

1) Finding of No Significant Impact (FONSI) or

2) Finding of Significant Impact (FOSI) requiring preparation of an Environmental Impact Statement.

Finding of No Significant Impact (FONSI). Most CDBG projects will result in a FONSI as they do notusually constitute major Federal actions or comprise part of a larger project that has alreadycompleted an environmental study. If you have a FONSI, you need to take the following steps and keepthe following information in your Environmental Review Record (ERR):

A full description of the project

A completed Statutory Checklist (§58.6)

A completed and documented Environmental Assessment

A copy of supporting documentation, including SHPO correspondence, when applicable

A copy of the published combined Notice of FONSI / NOIRROF in a local newspaper of generalcirculation. Provide for 15 calendar days after the date of publication of the notice for publiccomment or 18 calendar days if the notice was not published, but mailed and posted instead. Ifthe notice is not published, then it must be prominently displayed in the local post office and inother public buildings as established by the citizen participation process.

Comments received during the 15-day comment period for newspaper publications or 18-dayperiod for mailed/posted notifications and responses.

A completed form HUD-7015.15 - Request for Release of Funds and Certification

Finding of Significant Impact (FOSI). If you determine that the CDBG project will have a potentiallysignificant impact on the human environment, then an Environmental Impact Statement must beprepared.____________________________________________________________

ENVIRONMENTAL IMPACT STATEMENTS - 24 CFR PART 58.37

If the Environmental Assessment results in a finding that an activity will have “potentially significant”impact on the human environment, the grantee must publish a notice of intent to prepare anEnvironmental Impact Statement (EIS). Potentially significant incorporates significant development,regional impact, long-term effects on the environment, violation of existing laws and authorities or highlycontroversial development where in each case procedural resolution is not feasible. 24 CFR Part 58.37describes certain types of projects that require an EIS because of their size or nature.


ENVIRONMENTAL PROCEDURES

& USHUD WEB-LINKS

TA - 14

TECHNICAL ASSISTANCE – 2009/2010

ENVIRONMENTAL PROCEDURES / FORMAT HUD-LINKS

ENVIRONMENTAL QUESTIONS AND ANSWERS http://www.hud.gov/offices/cpd/environment/review/qa/index.cfm

EXPLOSIVE AND FLAMMABLE FACILITIES – ACCEPTABLE SEPARATION DISTANCE (ASD) TOOL http://www.hud.gov/offices/cpd/environment/review/explosive.cfm REGION IV – ENVIRONMENTAL GUIDANCE WEBSITE – STATE OF FLORIDA http://www.hud.gov/local/shared/working/r4/environment/guidancefl.cfm?state=fl REGION IV - ENVIRONMENTAL CONTACTS WEBSITE – STATE OF FLORIDA http://www.hud.gov/local/shared/working/r4/environment/contactsfl.cfm?state=fl HUD OFFICE OF ENVIRONMENT AND ENERGY-WASHINGTON DC. http://www.hud.gov/offices/cpd/environment/index.cfm HUD FORM-7015.15 / REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION http://www.hud.gov/offices/adm/hudclips/forms/files/7015-15.pdf

FEDERAL ENVIRONMENTAL / ON-LINE REGULATIONS

• 24 CFR PART 50 / PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY http://www.access.gpo.gov/nara/cfr/waisidx_04/24cfr50_04.html

• 24 CFR PART 51 / ENVIRONMENTAL CRITERIA AND STANDARDS http://www.access.gpo.gov/nara/cfr/waisidx_04/24cfr51_04.html

• 24 CFR PART 55 / FLOODPLAIN MANAGEMENT http://www.access.gpo.gov/nara/cfr/waisidx_04/24cfr55_04.html

24 CFR PART 58 / ENVIRONMENTAL REVIEW PROCEDURES http://www.access.gpo.gov/nara/cfr/waisidx_04/24cfr58_04.html

NOTICE OF INTENT TO REQUEST THE RELEASE OF FUNDS – NOI/RROF http://www.hud.gov/offices/cpd/environment/lawsandregs/compliance/noirrof.cfm SUGGESTED FORMAT FOR CATEGORICALLY EXCLUDED PROJECTS SUBJECT TO §58.5 http://www.hud.gov/offices/cpd/environment/review/exclusionsuggestedformat.doc NOISE DNL ASSESSMENT TOOL USERS GUIDE http://www.hud.gov/offices/cpd/environment/dnl_guide.pdf

• NOISE DNL CALCULATOR TOOL http://www.hud.gov/offices/cpd/environment/dnlcalculatortool.cfm

http://www.hud.gov/offices/cpd/environment/review/qa/index.cfm�

http://www.hud.gov/offices/cpd/environment/review/explosive.cfm�

http://www.hud.gov/local/shared/working/r4/environment/guidancefl.cfm?state=fl�

http://www.hud.gov/local/shared/working/r4/environment/contactsfl.cfm?state=fl�

http://www.hud.gov/offices/cpd/environment/index.cfm�

http://www.hud.gov/offices/adm/hudclips/forms/files/7015-15.pdf�

http://www.access.gpo.gov/nara/cfr/waisidx_04/24cfr50_04.html�




http://www.hud.gov/offices/cpd/environment/lawsandregs/compliance/noirrof.cfm�

http://www.hud.gov/offices/cpd/environment/review/exclusionsuggestedformat.doc�

http://www.hud.gov/offices/cpd/environment/dnl_guide.pdf�

http://www.hud.gov/offices/cpd/environment/dnlcalculatortool.cfm�


ENVIRONMENTAL REVIEW

PROCESS - FLOWCHART

TA - 15

NNVVIIRROONNMMEENNTTAALL PPRROOCCEESSSS FFLLOOWWCCHHAARRTT

EXEMPT ACTIVITIES

PART 58.34COMPLY WITH §58.6

OTHER REQUIREMENTS

NOT SUBJECT TO PART 58.5AT PART 58.35(B)

HUD RECEIVES COMMENTS §58.73 AND

§58.74 FIFTEEN (15) DAYS FROM RECEIPT

DOCUMENT

FILE

NEPA ENVIRONMENTAL

ASSESSMENTS - §58.36

SCOPING AND

NOTICES

NO COMPLIANCE ACTION

TRIGGERED - §58.34(A)(12)

ENVIRONMENTAL IMPACT

STATEMENT PROJECTS

PART 58.37

CATEGORICALLY

EXCLUDED PROJECTS

PART 58.35 (A)

FORMAT II ASSESSMENT

SECTION 58.40

COMMIT FUNDS

AND PROCEED

CH

OO

SE

ON

E

DOCUMENT

FILE

COMPLY WITH §58.6OTHER REQUIREMENTS

HUD APPROVES RROFHUD-7015.16 §58.22

FINAL EIS30-DAYS

RECORD OF

DECISION

FONSI / NOI / RROFCOMMENT PERIODS POST 18-DAYS OR PUBLISH 15-DAYS

AND ADDITIONAL HUD PERIOD 15-DAYS; HUD REMOVES

GRANT CONDITION - SECTIONS 58.43 AND 58.45

RROF TO HUD-7015.15PART 58.71

NOT SUBJECT TO LAWS AND

AUTHORITIES - PART 58.5

COMPLIANCE ACTION

TRIGGERED

MITIGATE TO ACHIEVE

COMPLIANCE

STATUTORY

CHECKLIST §58.5§58.6 OTHER

REQUIREMENTSNOI /RROF

PUBLICATION 7OR 10 DAYS

§58.45(B)

REQUIREMENTS FOR ENVIRONMENTAL REVIEW - FLOWCHART

DOCUMENT

FILE

PLEASE REFER TO 24 CFR PART 58FOR COMPLETE INSTRUCTIONS


FEDERAL ENVIRONMENTAL

PARTNERS

TA – 16

1

HUD’S FEDERAL ENVIRONMENTAL PARTNERS

U.S. HUD’s

BUREAU OF LAND MANAGEMENT

The Bureau of Land Managementthe Interior which administers America'sone-eighth of the landmass of theThe BLM's stated mission is to sustain the health, diversitthe use and enjoyment of present and future generations.

____________________________________________________________________________________________

Council on Environmental Quality

The Council on Environmental QualityPresident that coordinates federalwith agencies and other White House offices in the development of environmental and energypolicies and initiatives. The United StatOffice of the President as part of the National Environmental Policy Act of 1969 (NEPA). Additionalresponsibilities were provided by the Environmental Quality Improvement Act of 1970.

In enacting NEPA, Congress recognized that nearly all Federal activities affect the environment insome way and mandated that before Federal agencies make decisions, they must consider theeffects of their actions on the quality of the human environment. Under NEPA, CEQ worbalance environmental, economic, and social objectives in pursuit of NEPA's goal of "productiveharmony" between humans and the human environment

______________________________________________________________________________________

U.S. Environmental Protection Agency

Created in 1970 to protect human health and the environment, EPA has the responsibility to setstandards for numerous federal environmental programs. EPA is not a cabinetleads the nation in environmedevelopment and enforcement of regulations and offers financial assistance through programssuch as the Clean Water State Revolving Fund, research grants and graduate fellowships. EPAhas offices nationwide to oversee the numerous federal environmental laws under its authority.

PARTNERS

U.S. HUD’s FEDERAL ENVIRONMENTAL P

ANAGEMENT (BLM) OF THE U.S. DEPARTMENT OF THE

Bureau of Land Management (BLM) is an agency within the United States Department ofwhich administers America's public lands, totaling approximately 264 million acres or

eighth of the landmass of the United States. Most public lands are located in western states.The BLM's stated mission is to sustain the health, diversit y and productivity of the public lands forthe use and enjoyment of present and future generations.

____________________________________________________________________________________________

onmental Quality (CEQ)

Council on Environmental Quality (CEQ) is a division of the Executive Office of thethat coordinates federal environmental efforts in the United States

with agencies and other White House offices in the development of environmental and energypolicies and initiatives. The United States Congress established the CEQ within the ExecutiveOffice of the President as part of the National Environmental Policy Act of 1969 (NEPA). Additionalresponsibilities were provided by the Environmental Quality Improvement Act of 1970.

Congress recognized that nearly all Federal activities affect the environment insome way and mandated that before Federal agencies make decisions, they must consider theeffects of their actions on the quality of the human environment. Under NEPA, CEQ worbalance environmental, economic, and social objectives in pursuit of NEPA's goal of "productiveharmony" between humans and the human environment

______________________________________________________________________________________

Environmental Protection Agency (EPA)

Created in 1970 to protect human health and the environment, EPA has the responsibility to setstandards for numerous federal environmental programs. EPA is not a cabinetleads the nation in environmental science, research, education and assessment through thedevelopment and enforcement of regulations and offers financial assistance through programssuch as the Clean Water State Revolving Fund, research grants and graduate fellowships. EPA

nationwide to oversee the numerous federal environmental laws under its authority.

PARTNERS

EPARTMENT OF THE INTERIOR (DOI)

United States Department of, totaling approximately 264 million acres or

. Most public lands are located in western states.y and productivity of the public lands for

____________________________________________________________________________________________

Executive Office of theUnited States and works closely

with agencies and other White House offices in the development of environmental and energyes Congress established the CEQ within the Executive

Office of the President as part of the National Environmental Policy Act of 1969 (NEPA). Additionalresponsibilities were provided by the Environmental Quality Improvement Act of 1970.

Congress recognized that nearly all Federal activities affect the environment insome way and mandated that before Federal agencies make decisions, they must consider theeffects of their actions on the quality of the human environment. Under NEPA, CEQ wor ks tobalance environmental, economic, and social objectives in pursuit of NEPA's goal of "productive

______________________________________________________________________________________

Created in 1970 to protect human health and the environment, EPA has the responsibility to setstandards for numerous federal environmental programs. EPA is not a cabinet -level agency. EPA

ntal science, research, education and assessment through thedevelopment and enforcement of regulations and offers financial assistance through programssuch as the Clean Water State Revolving Fund, research grants and graduate fellowships. EPA

nationwide to oversee the numerous federal environmental laws under its authority.


Minerals Management Service

The Minerals Management Servicefor managing the nation's natural gas, oil and other mineral resources. Among other duties, MMSleases government lands, including the Outer Continental Shelf, to the private sector for mining.Many coastal States have createdprotection projects that may require the mining of sand deposits.

______________________________________________________________________________________

National Park Service

The National Park Servicefederal executive departmentconservation of most federal landAlaska Natives, and Native Hawaiians

The National Park Service operatesStates and the other American possessionsoperating these sites the NPS also works to preserve those ecosystems through its Action Plan forPreserving Natural Resources.all national parks, manyvarious title designations.Park Service Organic Act

______________________________________________________________________________________

U.S. Army Corps of Engineers

The Corps consists of both military and civilian engineers and scientists. Engineering servicesfocus on disaster relief among other responsibilities. Flood control and environmental protectionare provided by the Corps Civil Works Division. The Corps Reguprotecting the U.S.'s aquatic resources while allowing reasonable development for virtually allconstruction activities occurring in the Nation's waters and any work in the Nation's navigablewaters.

The United States Army Cocommand made up of some 34,600public engineering, design andmilitary and public works services to thecapabilities, as a public service, across the full spectrum of operationssupport of national intere

Planning, designing, building, and operatinginclude flood control, beach nourishment

Design and construction of flood protection systems through various federal Environmental regulation and

PARTNERS

Minerals Management Service (MMS)

Minerals Management Service (MMS) of the Department of the Interioraging the nation's natural gas, oil and other mineral resources. Among other duties, MMS

leases government lands, including the Outer Continental Shelf, to the private sector for mining.Many coastal States have created a partnership with MMS for beach nourishment and cprotection projects that may require the mining of sand deposits.

______________________________________________________________________________________

National Park Service (NPS)

National Park Service (NPS) also of the Department of the Interior (DOIdepartment of the U.S. government responsible for the management and

federal land and the administration of programs relating toNative Hawaiians, and to insular areas of the United States

The National Park Service operates all national parks or historical sitesStates and the other American possessions in the Pacific and the Caribbeanoperating these sites the NPS also works to preserve those ecosystems through its Action Plan forPreserving Natural Resources. The National Park Service is the U.S. federal agency

, many national monuments, and other conservation and historical properties withrious title designations. It was created on August 25, 1916, by Congress

Park Service Organic Act.

______________________________________________________________________________________

U.S. Army Corps of Engineers

The Corps consists of both military and civilian engineers and scientists. Engineering servicesfocus on disaster relief among other responsibilities. Flood control and environmental protectionare provided by the Corps Civil Works Division. The Corps Regulatory Program is charged withprotecting the U.S.'s aquatic resources while allowing reasonable development for virtually allconstruction activities occurring in the Nation's waters and any work in the Nation's navigable

United States Army Corps of Engineers (USACE) is a federal agency and a major Armycommand made up of some 34,600 civilian and 650 military personnel, making it the world's largest

, design and construction management agency. The Corps' mission is to providemilitary and public works services to the United States by providing vital engineering services andcapabilities, as a public service, across the full spectrum of operations —from peace to warsupport of national interests. Their most visible missions include :

Planning, designing, building, and operating locks and dams. Other civil engineeringbeach nourishment, and dredging for waterway navigation.

Design and construction of flood protection systems through various federalEnvironmental regulation and ecosystem restoration.

Department of the Interior (DOI) is responsibleaging the nation's natural gas, oil and other mineral resources. Among other duties, MMS

leases government lands, including the Outer Continental Shelf, to the private sector for mining.a partnership with MMS for beach nourishment and coastal

______________________________________________________________________________________

DOI), is the United Statesresponsible for the management and

and the administration of programs relating to Native Americans,f the United States

throughout the UnitedPacific and the Caribbean. In addition to

operating these sites the NPS also works to preserve those ecosystems through its Action Plan forU.S. federal agency that manages

, and other conservation and historical properties withCongress through the National

______________________________________________________________________________________

The Corps consists of both military and civilian engineers and scientists. Engineering servicesfocus on disaster relief among other responsibilities. Flood control and environmental protection

latory Program is charged withprotecting the U.S.'s aquatic resources while allowing reasonable development for virtually allconstruction activities occurring in the Nation's waters and any work in the Nation's navigable

) is a federal agency and a major Armymaking it the world's largest

The Corps' mission is to provideby providing vital engineering services and

from peace to war—in

civil engineering projects, and dredging for waterway navigation.

Design and construction of flood protection systems through various federal mandates


U.S. Fish and Wildlife Service

The United States Fish and Wildlife ServiceInterior dedicated to the management and preservation of wildlife.conservation, protection and enhancement ofincluding habitat preservation.United States, which is also administered by FWS.

______________________________________________________________________________________

The Advisory Council on Historic Preservation

The Advisory Council on Historic Preservationgovernment that promotes the preservation, enhancement, and productive use of the nation'shistoric resources, and advises thepolicy.

The goal of the National Historic Preservation Act of 19661966, is to have Federal agencies act as responsible stewards of the nactions affect historic properties. ACHP is the only entity with the legal responsibility to encourageFederal agencies to factor historic preservation into Federal project requirements.

As directed by the National Historic Preadvisor to the President and Congress; recommends administrative and legislative improvementsfor protecting the nation's heritage; advocates full consideration of historic values in federaldecision-making; and reviews Federal programs and policies to promote effectiveness,coordination, and consistency with national preservation policies.

PARTNERS

U.S. Fish and Wildlife Service (FWS)

United States Fish and Wildlife Service (FWS) is the unit of the U.S. Department of thededicated to the management and preservation of wildlife. Their mission also includes the

tion, protection and enhancement of the nation's fish, wildlife and plant resources,including habitat preservation. There are many National Wildlife Refuges

is also administered by FWS.

______________________________________________________________________________________

Advisory Council on Historic Preservation (ACHP)

Advisory Council on Historic Preservation is an independent agency of the United Statesthat promotes the preservation, enhancement, and productive use of the nation's

historic resources, and advises the President and Congress on national historic preservation

National Historic Preservation Act of 1966 (NHPA), which established ACHP in1966, is to have Federal agencies act as responsible stewards of the nation's resources when theiractions affect historic properties. ACHP is the only entity with the legal responsibility to encourageFederal agencies to factor historic preservation into Federal project requirements.

As directed by the National Historic Preservation Act, ACHP serves as the primary federal policyadvisor to the President and Congress; recommends administrative and legislative improvementsfor protecting the nation's heritage; advocates full consideration of historic values in federal

making; and reviews Federal programs and policies to promote effectiveness,coordination, and consistency with national preservation policies.

U.S. Department of their mission also includes the

the nation's fish, wildlife and plant resources,located throughout the

______________________________________________________________________________________

independent agency of the United Statesthat promotes the preservation, enhancement, and productive use of the nation's

on national historic preservation

(NHPA), which established ACHP ination's resources when their

actions affect historic properties. ACHP is the only entity with the legal responsibility to encourageFederal agencies to factor historic preservation into Federal project requirements.

servation Act, ACHP serves as the primary federal policyadvisor to the President and Congress; recommends administrative and legislative improvementsfor protecting the nation's heritage; advocates full consideration of historic values in federal

making; and reviews Federal programs and policies to promote effectiveness,


FLOODPLAIN MANAGEMENT 8-STEP PROCESS - FLOWCHART

TA - 16

2

REVISED 1-2010

EARLY PUBLIC REVIEW - 15 DAYS

DETERMINE IF THE PROPOSED ACTIONIS IN THE BASE FLOODPLAIN1

FLOODPLAIN MANAGEMENTDECISION MAKING PROCESS FOR EXECUTIVE ORDER 11988

STEP

IDENTIFY AND EVALUATE ALTERNATIVESTO LOCATING IN THE BASE FLOODPLAIN

IN THE BASEFLOODPLAIN

NOT IN BASEFLOODPLAIN

TAKE NO ACTIONON PROJECT

IDENTIFY IMPACTS OFPROPOSED ACTION

IDENTIFY STEPS TO MINIMIZE,RESTORE AND PRESERVE.

LIMIT ACTION - RETURNTO STEP 3

TAKE NO ACTIONON PROJECTBASED ON STEPS 4 AND 5,

REEVALUATE ALTERNATIVES

DOES THE ACTION HAVE IMPACTSIN THE BASE FLOODPLAIN?

DOES THE ACTIONINDIRECTLY SUPPORT

FLOODPLAINDEVELOPMENT?

KEEP PROJECT IN THEBASE FLOOD PLAIN

PUBLISH FINDINGS ANDPUBLIC EXPLANATION - 7 DAYS

IMPLEMENT ACTION

2

3

4

5

6

7

8

NO

YES

NO

NO

YES


HUD FORM 7015.15 - REQUEST

FOR RELEASE (RROF)

TA – 17

form HUD-7015.15 (1/99)Previous editions are obsolete

Request for Release of Fundsand Certification

Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity)1. Program Title(s) 2. HUD Grant Identification Number 3. Recipient Identification Number

(optional)

4. OMB Catalog Number(s) 5. Name and address of responsible entity

6. For information about this request, contact (name & phone number)

7. Name and address of recipient (if different than responsible entity)8. HUD or State Agency and office unit to receive request

The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grantconditions governing the use of the assistance for the following9. Program Activity(ies)/Project Name(s) 10. Location (Street address, city, county, State)

11. Program Activity/Project Description

OMB No. 2506-0087(exp. 12/31/2010)

This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds , andrequesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmentalreview responsibility by units of general local government and States. Public reporting burden for this collection of information is estimatedto average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering andmaintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, anda person is not required to respond to, a collection of information unless that collection displays a valid OMB control number.

U.S. Department of Housingand Urban DevelopmentOffice of Community Planningand Development

form HUD-7015.15 (1/99)Previous editions are obsolete

Part 2. Environmental Certification (to be completed by responsible entity)

With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that:

1. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining tothe project(s) named above.

2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the NationalEnvironmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligationsof the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws.

3. After considering the type and degree of environmental effects identified by the environmental review completed for the proposedproject described in Part 1 of this request, I have found that the proposal did did not require the preparation and disseminationof an environmental impact statement.

4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the publicin accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure.

5. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures andrequirements of 24 CFR Part 58.

6. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of anyspecial environmental conditions that must be adhered to in carrying out the project.

As the duly designated certifying official of the responsible entity, I also certify that:

7. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 andeach provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws applyto the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity.

8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement ofall these responsibilities, in my capacity as certifying officer of the responsible entity.

Signature of Certifying Officer of the Responsible Entity Title of Certifying Officer

Date signedXAddress of Certifying Officer

Part 3. To be completed when the Recipient is not the Responsible Entity

The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special conditions,procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope ofthe project or any change in environmental conditions in accordance with 24 CFR 58.71(b).Signature of Authorized Officer of the Recipient Title of Authorized Officer

Date signedXWarning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729,3802)


NEPASSIST FACT SHEET

TA – 18

Geospatial Line of Business (LoB)

Background: EPA’s NEPAssist was created to assist federal, state, and local agencies with the environmental review process mandated by the National Environmental Policy Act (NEPA).

Value Statement: NEPAssist is a web-based GIS application that saves agencies time and resources with its standardized, data-driven approach using consistent federal, state, and local data sets. Using NEPAssist can reduce the time it takes to review federal agencies' scoping notices and projects at early stages of development by 75%, allowing practitioners to respond to many more scoping notices than in the past while also reducing time needed to prepare NEPA environmental assessments (EAs) by as much as four weeks.

What Functions Does NEPAssist Provide?

• Assists NEPA practitioners in: o Reviewing scoping notices o Responding to the scoping notices o Preparing NEPA Environmental Assessments (EAs)

• Provides EPA, as well as other federal, state, and local agencies, with access to environmental information and analytical tools that support compliance with NEPA

• The NEPAssist application was recently updated to take advantage of new geospatial and web technologies by:

o Providing access to real-time data from multiple agencies and displaying customized regional analysis reports directly from each region through geospatially enabled web-services

o Allowing regions to provide a geospatial proximity analysis "on the fly" o Providing users with access to detailed reports that reflect environmental concerns within their

area of interest

What Kind of Acclaim has NEPAssist Received?

• Selected to receive the prestigious ESRI Special Achievement in GIS Award from over 100,000 user sites worldwide

• Won EPA's Mason Hewitt Award for Excellence, which recognizes GIS technical excellence of national significance

• Won the EPA Gold Medal for Exceptional Service

• Received broad acclaim from the user community of NEPA practitioners How Has the NEPAssist Model Been Leveraged?

• The NEPAssist user community now consists of over 600 NEPA Practitioners from 30 federal agencies, 44 tribes, and multiple states and local agencies

• An increasing number of stakeholders are enthusiastic to build NEPAssist partnerships with EPA, and collaborate to enhance NEPAssist with new functionality and data

• NEPAssist has proven to be an effective tool to assist with EPA's environmental capacity building and international collaboration efforts. The NEPAssist team is currently collaborating with the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA-DR) countries to deploy a similar tool for environmental reviews based on NEPAssist.

For Additional Information, Please Contact: Aimee Hessert U.S. Environmental Protection Agency, Office of Federal Activities Phone: 202-564-0993 Email: [email protected]

GEO-ENABLING GOVERNMENT BUSINESS PRACTICES ENVIRONMENTAL PROTECTION AGENCY’S (EPA’S)

NEPASSIST


NEPASSIST NARRATIVE -

INTRODUCTION

TA – 19

E

The U.S. Environmental Protection Agency has developeda Geographic Information System (GIS) database to assist in the environmentalreview process. The system is calledenvironmental areas of concern

The application draws environmental data fromInformation System databases and providesmaking a more educated determination.streamlined review process that potenissues at the earliest stages of project development.

Please be advised that NEPAssistformat, nor does it relieve HUD orprocess. It allows reviewers, an opportunity to make a virtual site visit and identifywhere compliance and/or potential mitigation, may be required.

The EPA is making access todepartments, as well as otherusername will be required before you can utilize the system.

If you are interested in utilizingJessica Trice, of EPA at [email protected] information:

Your Name: Position/Title: Organization: Address: Phone number: E-mail: Request Justification:

Please be patient after providing hermany requests being made.

NNEEPPAASSSSIISSTTENVIRONMENTAL GIS TOOL

Environmental Protection Agency has developed a web-based tool usinga Geographic Information System (GIS) database to assist in the environmentalreview process. The system is called NEPAssist which allows the user to identifyenvironmental areas of concern using different sources for specific areas on a map.

ation draws environmental data from the USEPA Regions' GeographicInformation System databases and provides immediate information to assist you inmaking a more educated determination. The features contribute to astreamlined review process that potentially identifies significantissues at the earliest stages of project development.

NEPAssist does not replace the HUD recommendedformat, nor does it relieve HUD or a Responsible Entity from the decision

allows reviewers, an opportunity to make a virtual site visit and identifywhere compliance and/or potential mitigation, may be required.

The EPA is making access to NEPAssist available to other federalrtments, as well as other units of government at all levels. A password and

username will be required before you can utilize the system.

utilizing NEPAssist, you will be required to [email protected] , and provide the

Request Justification:

Please be patient after providing her the aforementioned information, as there are

OOL

based tool using,a Geographic Information System (GIS) database to assist in the environmental

which allows the user to identifyusing different sources for specific areas on a map.

egions' Geographicimmediate information to assist you in

eatures contribute to a moreidentifies significant environmental

does not replace the HUD recommended ERRfrom the decision-making

allows reviewers, an opportunity to make a virtual site visit and identify

federal agencies,A password and

you will be required to contact Ms.and provide the

the aforementioned information, as there are


NEPASSIST USER GUIDE

TA – 20

User Guide

FOR MORE INFORMATION, CONTACT

AIMEE HESSERT JULIE KOCHER

202.564.0993 [email protected] [email protected]

NEPAssist

User Guide

Basics How to Save Understanding the Data Views Print Analysis Selecting a Study Area

Basics

The "NEPAssist Application" is an innovative tool that facilitates the environmental review process and project planning in relation to environmental considerations. The web-based application draws environmental data dy-namically from EPA regions' Geographic Information System databases and provides immediate screening of environmental assessment indicators for a user-defined area of interest. These features contribute to a streamlined review process that potentially raises important environmental issues at the earliest stages of project develop-ment.

Getting to Know NEPAssist The following diagram describes some of the features available in the NEPAssist Application:

The navigation controls are shown on the left. Navigation controls include:

1. Arrows - Click the appropriate arrow buttons to move the view north, south, east or west.

2. Zoom - Click + to zoom in on the center of the map. Click - to zoom out.

Navigating the NEPAssist Mapping Layer There are multiple options for navigating in NEPAssist. To pan (move the map), do one of the following:

• Click and drag the map

• Press the up arrow on your keyboard to move north

• Press the down arrow on your keyboard to move south

• Press the right arrow on your keyboard to move east

• Press the left arrow on your keyboard to move west

Additionally, you can zoom in or out pressing the + or - keys. Move the cursor over a location and use the mouse scroll button to zoom in or out on that location. To center and zoom in on a location, double click the location.

1. Share - Use this to add the NEPAssist link to a Social bookmarking site where you can share it with others who share similar interests.

2. Layers - Click these to access the different data layers to display on the map. 3. Project Description Window - This window displays information the user saved about the project

area. The NEPAssist analysis can also be accessed from here. 4. Project Area - This area is designated by the user using the Select Study Area or Search tool. Multi-

ple project areas can be saved for future use. 5. Labels - Click this to turn on and off the street labels of the aerial and bird’s eye views. 6. Views - Click these to display different views. The NEPAssist mapping layer can be viewed in 2 or

3 dimensions as well as a road, aerial, and bird’s eye view. 7. Navigation Controls - Use this to navigate around the mapping layer. 8. Toolbar - Use this to perform many tasks on NEPAssist such as draw a new project area, erase all

added on drawings from the mapping layer, save a project, search for a new project location, identify selected map features, add demographics, and print the project map.

9. Marker - Variations of these are used to distinguish different types of data points on the map from the corresponding legend.

Viewing the Project Description Window

Project description windows appear when a user mouses over a created project area.

This displays additional information about the created project area as well as the capability to perform a NEPAssist analysis. Project Areas created by the user can also be deleted by click-ing on “delete” in the project description win-dow.

Using the Overview Map

The overview map (shown left here) appears in the bottom left corner of the map. It helps orient you by showing the location of current map view in the context of a larger geographical area. The area currently displayed in the map is show as a light blue box in the overview map. At any time, click to hide the overview map or click to display it again. The overview map can also be switched between the road and hybrid view by clicking on the R and H in the upper left hand corner of the overview map. As you pan or zoom in the map, the overview map view changes accordingly. You can change the existing view in the map by doing one of the following:

• Drag and drop the light blue box in the overview map. • Drag and drop the area outside the light blue box to pan the map.

Using the Toolbar

The toolbar appears on the left side of the map.

Click this to search for a new study area on the map.

The digitize button allows you to define your own shape within the image/map. A project can be represented by a point, line or polygon. The default button is polygon. After you select your desired shape, you will then need to left-click on the map to start drawing your project area and right-click to stop drawing. The fill color as well as the line width can be changed by clicking on the corresponding buttons. The geo-graphic coordinates will be displayed in the coordinates box. Click cancel to erase your shape or the NEPA analysis button to open a page showing the NEPA analysis for you digitized area.

If you know the coordinates of your project, you can also enter then directly into the coordinates box

The Save Session button allows you to save the current ses-

sion information so you can retrieve it later. In the pop up window, enter a title for your saved session and click save.

The Erase Site button clears the selected digitized feature.

The identify option provides the names for the area of map selected by dragging the left-mouse button on the map. Click on the map to draw and right-click to finish drawing.

The add Demographics layer button will redraw the map adding demographic in-formation. After selecting the type of demographic information you would like displayed, click OK. Once the map has been redrawn, a legend will appear on right side of your map providing addi-tional information about the newly created layer.

Click on this button to print your map.

NEPAssist

User Guide


Selecting a Study Area

To get started, please select the proposed project area for analysis. Users may chose from many search options such as an:

• Address • Airport • ZIP code • City • State • County • Congressional District • Watershed • Township • Tribe name or • a pair of coordinates

New Study Area Menu

1. New Study Area - Enter the location data of the project area here. 2. Open Saved Session - Click on this to access your saved projects stored on the application. 3. Select New Study Area - Click on this to enter the location of a new project area.

Search by Address

To search using an address, enter the address and click Search. A map centered on the address entered will be displayed.

Where possible, try using the following formats for addresses: "Address, city, state" or "Address, city, ZIP"

Search by Airport

To search by airport, enter the 3-digit airport code and click Search. A map centered on the airport selected will be displayed.

Search by ZIP Code

To view spatial data by ZIP Code enter a valid United States Postal Service ZIP code in the text box provided and click Search. A map of the area for the ZIP code entered will be displayed.

Search by City/State

To view spatial data by City or state enter the corresponding city name or a United States Postal Service state ab-breviation in the text box provided and click Search. A map of the city or state entered will be displayed.

Search by County

To view spatial data by county, please enter the county and state associated with the county in the text box pro-vided and click Search. A map of the county entered will be displayed.

Search by Congressional District

To search by congressional district: · Begin by typing cd: in the “Enter New Study

Area” box followed by the State abbrevia-tion and the 2-digit U.S. congressional district.

· Then click the “search” button to the right. · If you do not know the congressional district, a

dropdown menu will appear with corre-sponding codes to chose from.

The map displayed with have the corresponding congressional district outlined in red. Mousing over the area will show information about the con-gressional district layer. To delete this outline, click “delete” in the displayed information window.

Search by Watershed

To search by watershed: · Begin by typing watershed: in the “Enter New

Study Area” box followed by the 8-digit USGS Hydrologic Unit (HUC) code.

· Then click the “search” button to the right. · If you do not know the full 8-digit HUC, a drop-

down menu will appear with corresponding codes to chose from.

The map displayed with have the corresponding wa-tershed outlined in red. Mousing over the watershed will show information about the watershed layer. To delete the outline of this watershed off the map, click “delete” in the displayed information window.

Search by Township

To search by township: · Begin by typing township: in the “Enter New

Study Area” box followed by the corre-sponding township code.

· Then click the “search” button to the right. · If you do not know the full township code, a

dropdown menu will appear with corre-sponding codes to chose from.

The map displayed with have the corresponding township outlined in red. Mousing over the town-ship will show information about the township layer. To delete the outline of this township off the map, click “delete” in the displayed information window.

Search by Tribe Name

To view spatial data by tribe name, please enter the federally-recognized tribe name in the text box provided and click Search. A map of the corresponding tribes territory will be displayed.

Search by Coordinates

To search by coordinates: · Begin by typing the coordinates of your desired

destination into the “Enter New Study Area” box. Enter the coordinates with the latitude first followed by the longi-tude using a comma to separate the two.

· Then click the “search” button to the right.

The map displayed with have the corresponding latitude/longitude identified using a marker.

NEPAssist

User Guide


How to Save

The Save Session button, located on the left side of the map in the toolbar, allows you to save the current session information so you can retrieve it later.

Saving a Current Session

In the pop-up window enter a title for your saved session and click Save.

Opening a Previously Saved Session

To retrieve a saved session click on the Open Saved Session tab on the NEPAssist homepage. You can access the NEPAs-sist homepage by clicking the homepage link in the left hand sidebar when you are using the application. Previously saved sessions can be deleted by clicking the Delete button to the right of the saved session you would like to erase. A link to the saved session can be e-mailed to other users interested in viewing the study area by clicking on the E-mail this Link button.

NEPAssist

User Guide


Understanding the Data

Each mapping layer in the NEPAssist application is supported by metadata that can be viewed in the metadata editor. Metadata may include the date the data was generated, as well as a description of the data, including the source, accuracy, projections, and points of contact for further information.

Metadata

Metadata Editor

Description: This section provides much of the general information about the data such as the name of the organization that developed the data set ,a brief narrative of the data set, state of the data set, and access and use con-straints associated with the data set.

Spatial Reference Information: This section provides the description of the reference frame for, and the means to en-

code, coordinates in the data set.

Data Structure and Attribute Information: This section provides information on the type and format of the data. Data Source and Process Information: This section provides information on process steps as well as geoprocessing

command information. Data Distribution Information: This section provides information on the size and resource description of the data. Metadata Reference: The section includes the date the metadata was last updated, the metadata standards, as well as a

point of contact for further information on the metadata.

NEPAssist

User Guide


Views Depending on the location you have selected to study, multiple views may be available. All views are located along the toolbar at the top left corner of the map.

Viewing the map in different dimensions. These are available for each view: · 2D - View the map in 2-dimensions. This is the standard view for the map. · 3D - View the map in 3-dimensions. With the navigation control, you can view cities and streets from different

heights and angles. Depending on the selected study area, these views are available:

· Road - This shows a map with a traditional depiction of roads, parks, borders, bodies of water and more. · Aerial - In this view, you'll see a photo map of buildings and geographical features from space. · Bird’s Eye - In this view, you'll see a low angle, high resolution, aerial map. In 3D mode, bird’s eye images can be

viewed in road and aerial views, with or without labels. · Labels - In this view, you'll see an overlay of street, highway, and landmark names that can be applied to the photo

maps in aerial or bird's eye view.

You can also change map views, other than clicking on the toolbar, by using the following shortcut keys: · To switch to 2D mode; press 2. To switch to 3D mode, press 3 · To switch to Road view, press R · To switch to Aerial view, press A · To switch to Aerial view with labels, press H · To switch to bird’s eye view, press O · To switch to bird’s eye view with labels, press B

Switching Between Views

Road View

Aerial View

Bird’s Eye View

In this view, you'll see a low angle, high resolution, aerial map. In 3D mode, bird’s eye images can be viewed in road and aerial views, with or without labels. Bird’s eye view is available for many major metropolitan areas. If you're viewing a map in bird's eye view and you navigate to a location where bird's eye view isn't available, the map changes to the previously used map view.

This shows a map with a traditional depiction of roads, parks, borders, bodies of water and more.

In this view, you'll see a photo map of buildings and geographical features from space.

NEPAssist

User Guide


Your map will then appear in a popup window where you can print your map. You may add a title to your map by clicking the top of the map labeled “Click and Add Title Here” Then chose File > Print and chose the corresponding printer.

Print

How to Print

To print your map click on the Print button located on the tool-bar on the left side of the map.

NEPAssist

User Guide


Analysis

To perform an analysis in NEPAssist, you must first digitize your project area on the map by clicking on the Draw button lo-cated in the toolbar on the left side of the map. Once you have drawn your project area using a point, line or polygon and given it a name, mouse over the digitized area to show to project description window. From there you can click on the NEPAssist Analysis button located in the project description window.

How to Perform an Analysis

Cross-border Analysis

For project areas that cross multiple EPA regional borders, NEPAssist allows for cross-border analysis. It allows multi-ple regional reports to be complied together in one analysis page to better assist environmental review and decision-making.

Cross-boarder analysis works much like an analysis that occurs over only one EPA region. You must first digitize your pro-ject area on the map by clicking on the Draw button located in the toolbar on the left side of the map. Once you have drawn your project area using a point, line or polygon and given it a name, mouse over the digitized area to show to project descrip-tion window. From there you can click on the NEPAssist Analysis button located in the project description window. This particular project area is located in both EPA Region 8 and 10.


PROCESS FOR THE COMBINED PUBLIC NOTICE - FINDING OF NO

SIGNIFICANT IMPACT / NOTICE OF INTENT REQUEST FOR THE RELEASE OF FUNDS

(UNDER A FULL ASSESSMENT PROJECT)

TA – 21a

Process for Combined Public Notice

Finding of No Significant Impact and Notice of Intent to Request Release of Funds

Under a Full Assessment Project

Step 1 Complete the environmental review (compliance with 24 CFR Part 58.5 and 6 and NEPA) and attach all documentation, recommend FONSI to Certifying Official

Step 2 Certifying Official signs FONSI and dates the Environmental Review

Step 3 Publish or Post Finding of No Significant Impact and Notice of Intent to Request Release of Funds (FONSI and NOI/RROF). Wait 15 days for publishing 18 days for posting

Step 4 Have Certifying Official sign and date the HUD form 7015.15 the day after the comment period expires

Step 5 Fax or mail the 7015.15 and a copy of the public notice to HUD

NOTE: If you mail the request HUD cannot start counting our 15 day comment period until we receive the request. We always need an original, so if you fax, we also need a original copy, but can begin the count upon receipt of the fax.

Step 6 HUD begins to count the comment period the day after the receipt.

Step 7 HUD waits 15 days from receipt and then removes the grant condition and the funds are released.

Example of Timing for a Published NOI/RROF

1. Date of Public Notice (Publish or Post): May 1st

2. Time period for receipt of public comments: 12:01 a.m. May 2nd to 12:00 p.m. May 16th

3. Deadline date for local government comment period indicated in notice: May 16th

4. Earliest date to submit to HUD: May 17th

5. Earliest date to be received by HUD: May 17th

6. Statutory 15 day HUD comment period: 12:01 a.m. May 18th to 12:00 p.m. June 1st

7. Deadline date for receipt by HUD of Objections to release of funds: June 1st

8. Earliest possible notice from HUD that funds are released (HUD 7015.16): June 2nd


PROCESS FOR THE COMBINED PUBLIC NOTICE - NOTICE OF INTENT /

REQUEST FOR THE RELEASE OF FUNDS

(UNDER A CATEGORICALLY EXCLUDED PROJECT)

TA – 21b

Process for Public Notice

Notice of Intent to Request Release of Funds Under a Categorically Excluded Project Compliance Trigger

Step 1 Complete the environmental review (compliance with 24 CFR Part 58.5 and 6 and NEPA)

and attach all documentation;

Step 2 Certifying Official signs and dates the Environmental Review

Step 3 Publish or Post Notice of Intent to Request Release of Funds (NOI/RROF). Wait 7 days for publishing 10 days for posting

Step 4 Have Certifying Official sign and date the HUD form 7015.15 the day after the comment period expires

Step 5 Fax or mail the 7015.15 and a copy of the public notice to HUD

NOTE: If you mail the request HUD cannot start counting our 15 day comment period until we receive the request. We always need an original, so if you fax, we also need an original copy, but the count begins upon receipt of the fax.

Step 6 HUD begins to count the comment period the day after the receipt.

Step 7 HUD waits 15 days from receipt and then removes the grant condition and the funds are released.

Example of Timing

1. Date of Public Notice (Publish or Post): May 1st

2. Time period for receipt of public comments: 12:01 a.m. May 2nd to 12:00 p.m. May 8th

3. Deadline date for local government comment period indicated in notice: May 8th

4. Earliest date to submit to HUD: May 9th

5. Earliest date to be received by HUD: May 9th

6. Statutory 15 day HUD comment period: 12:01 a.m. May 10th to 12:00 p.m. May 24th

7. Deadline date for receipt by HUD of Objections to release of funds: May 24th

8. Earliest possible notice from HUD that funds are released (HUD 7015.16): May 25th


REGION IV ENVIRONMENTAL

CONTACTS WEBSITE

TA – 22

Environmental Contacts - HUD

http://www.hud.gov/local/shared/working/r4/environment/contacts.cfm?state=ga


Print version

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Environmental Contactsfor Alabama, Puerto Rico, U.S. Virgin Islands, Florida, Georgia, Kentucky,Mississippi, North Carolina, South Carolina and Tennessee

The Environmental Contacts page is toprovide relevant State resources and tools toassist in completing environmental reviews inSoutheast/Caribbean - Region IV. (PDF)

Environmental Guidance

To obtain information for the Environmental Contacts click on the

ALPR &USVI

FL GA KY MS NC SC TN

Airport Clear & AccidentPotential Zones

Clean Air Act

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Environmental Justice

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Toxic Chemicals & RadioactiveMaterials

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Wild & Scenic Rivers Act Content current as of 1 October 2009 Back to top


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REGION IV ENVIRONMENTAL

GUIDANCE WEBSITE

TA – 23

Environmental Guidance

http://www.hud.gov/local/shared/working/r4/environment/index.cfm?state=ga


Print version

GeorgiaLocal Newsroom

Homeownership

Rental Help

Homeless

Local HUD Offices

Library

Complaints

Common Questions

Calendar

HUD news

Homes

Resources

Communities

Working with HUD

ToolsWebcasts

Mailing lists

RSS Feeds

Help

Environmental Guidancefor Alabama, Puerto Rico, U.S. Virgin Islands, Florida, Georgia, Kentucky,Mississippi, North Carolina, South Carolina and Tennessee

This Environmental Guidance page isdesigned to provide relevant State resourcesand tools to assist in completing environmentalreviews in Region IV. (PDF)

Environmental Officer Contacts:

SupervisorLinda P. PoythressAtlanta Regional OfficeRegional Environmental OfficerArea: Katrina Disaster Funds(678) 732-2557(404) 730-2853 - [email protected]

Roberto Cortes-Col nSan Juan Field OfficeField Environmental OfficerArea: PR, USVI(787) 766-5400 ext. 2039(787) 766-5995 - [email protected]

Sandra "Sandy" FryeAtlanta Regional OfficeField Environmental OfficerArea: AL, KY, MS(678) 732-2727(404) 730-2853 [email protected]

Al CazzoliMiami Field OfficeField Environmental OfficerArea: FL(305) 520-5005(305) 536-5765 - [email protected]

Juan RomanAtlanta Regional OfficeField Environmental OfficerArea: GA, TN(678) 732-2543(404) 730-2853 [email protected]

Lenwood E. SmithGreensboro Field OfficeField Environmental OfficerArea: NC, SC(336) 547-4000 ext. 2054(336) 547-4138 - [email protected]

Click on the to obtain information for your Environmental Review

ALPR &USVI

FL GA KY MS NC SC TN

Airport Clear & Accident Potential Zones:24 CFR 51d

Clean Air Act: Sections 176(c), (d), and 40CFR 6, 51, 93

Coastal Zone Management Act: Sections307 (c), (d)

Endangered Species Act: 50 CFR 402

Environmental Justice: Executive Order12898

Explosive and Flammable Operations: 24CFR 51c

Farmland Protection Policy Act: 7 CFR 658

Floodplain Management: 24 CFR Part 55 /Executive Order 11988

Historic Preservation: 36 CFR Part 800

Noise Abatement and Control: 24 CFR 51b

Sole Source Aquifers: 40 CFR 149

Toxic Chemicals & Radioactive Materials:24 CFR 58.5(i) (2)

Wetland Protection: Executive Order 11990

Wild & Scenic Rivers Act: Sections 7(b),(c)

*Other1: Asbestos; Brownfields;Lead; Mold; Radon

*Other2: Demographics; Energy;Mapping

Content current as of 1 October 2009 Back to top


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REHABILITATION ENVIRONMENTAL REVIEW -

APPENDIX A

TA – 24

Rehabilitation Environmental Review – Appendix A

Appendix A

This Appendix A must be completed for each residential structure proposed for minor rehabilitation and/or acquisition before HUD funds are committed to specific projects. It may be used only in conjunction with a currently valid RER (Rehabilitation Environmental Review) form. Completion of the Appendix A will not require the submission of an additional RROF/EC (Request for Release of Funds/ Environmental Certification) if it was submitted at the conclusion of the RER, unless there are unanticipated impacts/circumstances which have previously not been adequately addressed. Building / Project Address: ________________________________________________________________________________________ ________________________________________________________________________________________

Part III Historic Preservation 1. Does the project involve only those activities permitted without further consultation under a currently valid programmatic agreement among the responsible entity, the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) and/or the Advisory Council on Historic Preservation? [ ] Yes [ ] No If Yes, note date of programmatic agreement ________________ and STOP here; the Section 106 Historic Preservation review is complete. If No, PROCEED. 2. Does the project involve only acquisition and/or minor, interior rehabilitation of a 1-4 unit residential structure that is less than 50 years old, with no visible changes to the exterior and no potential to cause effects on historic properties per §800.3(a)(1)? [ ] Yes [ ] No If Yes, record date of building construction _____, age: years, and STOP here. The Section 106 Historic Preservation review is complete. If No, PROCEED. 3. If the proposed rehabilitation involves exterior physical work on any structure, determine -in consultation with the appropriate SHPO/ THPO- whether the building is listed or eligible for inclusion in the National Register of Historic Places (NR). Is the building listed in or eligible for listing in the NR? [ ] Yes [ ] No If No, attach SHPO/THPO concurrence or other evidence of conclusion and STOP here. This part is complete pursuant to 36 CFR §800.4(d). If Yes, PROCEED. 4. Determine whether historic properties are affected per §800.4(d). Has SHPO/THPO concurred with your fully documented determination of “no historic properties affected”, or failed to object within 30 days of receipt of such determination? [ ] Yes [ ] No If Yes. Enclose documentation and STOP here. The Section 106 review is complete. If No. PROCEED. 5. Determine whether the project will have adverse effect on historic properties according to § 800.5, in consultation with the SHPO/THPO and consulting parties [see §800.2(c]. Will this project have an adverse effect on historic properties? [ ] Yes [ ] No If No, attach SHPO/THPO concurrence and STOP here. This part is complete per 36 CFR §800.5(d)(1). If Yes, PROCEED. 6. Resolve Adverse Effects per §800.6 - in consultation with the SHPO/THPO, the Advisory Council on Historic Preservation (ACHP) if participating, and any consulting parties. The loan or grant may not be approved until adverse effects are resolved according to §800.6 or ACHP comment is considered by the Responsible Entity. Notes: (a). The determination/consultation of eligibility for the NR may be sent to SHPO/THPO concurrently with the determination /

consultation of effect or no effect and with the determination/consultation of adverse/no adverse effects. (b). The jurisdiction's Chief Executive Officer cannot delegate the decision to approve a project in opposition to Advisory Council comment. (c). Keep copies of this form, all SHPO/THPO and ACHP correspondence in the ERR as evidence of compliance with Section 106 of the National Historic Preservation Act.


Part IV Airport Clear Zones 1. Does this project involve the purchase or sale of existing property? [ ] Yes [ ] No If No, STOP here. This part is complete, pursuant to 24 CFR Subpart D §51.302. If Yes, PROCEED. 2. Is the subject property located in the Clear Zone (CZ), Approach Protection Zone, or in the Runway Clear Zone (RCZ) of a commercial civil airport or military airfield? [ ] Yes [ ] No If No, STOP here; this part is complete. If Yes, PROCEED. Provide a disclosure statement advising the buyer that the property is in a RCZ or CZ, what the implications of such a location are and that there is a possibility that the airport operator may at a later date, acquire the property. Obtain the buyer’s signature acknowledging receipt of this information and attach it to this Appendix. (This disclosure requirement does not apply to Accident Potential Zones).

Part V Explosive and Flammable Operations 1. Will this proposed acquisition/rehabilitation project result in increased residential density or cause a vacant building to become physically or legally habitable? [ ] Yes [ ] No If the answer to both parts of the question is No, STOP here. This part is complete per 24 CFR §51.201. If Yes, PROCEED. 2. Is this proposed project within 1 mile of any visible, explosive-or-flammable-substance container (a stationary, above-ground tank with a capacity of more than 100 gallons)? [ ] Yes [ ] No If No, STOP here. This part is complete. If Yes, PROCEED. Field Inspection by: _____________________________________________________________ Date: __________ 3. Note Tank volume: ______ gallons or diked area around tank: ________ square feet. Record distance from the project to the flammable / explosives container: _____ feet. 4. According to HUD Guidebook "Siting of HUD-Assisted Projects Near Hazardous Facilities" (HUD-1060-CPD), the Acceptable Separation Distance (ASD) for both, blast overpressure and thermal radiation is: ______ feet. (The applicable ASD [see Appendix F for Thermal Radiation or Appendix G for Blast Overpressure] is the greater of the two distances). 5. The project is located at an Acceptable Separation Distance according to Appendices F and G. [ ] Yes [ ] No If Yes, STOP here; this part is complete. If No [ ] Deny project approval or [ ] Approve project only with the following mitigation measures designed in compliance with 24 CFR §51.205:

Part VI Toxic/Hazardous/Radioactive Materials, Contamination, Chemicals or Gases (24 CFR §58.5(i) (2) 1. Are there visible dumps, landfills, industrial sites or other locations containing or releasing toxic / hazardous / radioactive/ materials, chemicals or hazardous wastes on or near the subject site? [ ] Yes [ ] No If Yes, [ ] Deny project – No mitigation measures possible or [ ] Deny project pending evaluation by qualified professionals to undertake investigation(s) determined necessary as per 24 CFR §58.5 (2) (iv): If No, PROCEED.


2. Does this project site contain an underground storage tank (which is not a residential fuel tank)? [ ] Yes [ ] No If No, PROCEED. If Yes, [ ] Consider an Alternate Site./ Refer to the Resource Conservation and Recovery Act. If the findings of a Phase I Site Assessment or an environmental professional provide sufficient evidence that the property has recognized environmental concerns, consider an alternate site. Always keep in mind the related and necessary cleanup actions, abatement, time and associated cost that would be your responsibility. Field Inspection by: _________________________________________________________________ Inspection Date: ___________ 3. Do federal, state or local environmental record sources reveal nearby on or nearby sites that may pose threats to the subject site occupants’ health or safety)? [ ] Yes [ ] No If No, PROCEED. If Yes, [ ] Obtain the results of an inquiry by an environmental professional; Interview past and present owners, operators, and occupants of the facility, to gather information regarding the potential for contamination at the facility; Review historical records of the site to determine previous uses and occupancies of the real property since the property was first developed; Search recorded environmental cleanup liens against the facility that are filed under federal, state, or local law; Review federal, state, and local government records, waste disposal records, underground storage tank records, and hazardous waste handling, generation treatment, disposal, and spill records, concerning contamination at or near the facility; and Inspect visually the facility and adjoining properties. Provide Environmental Records Sources researched: _____________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 4. Has there been a determination that the subject property is free of hazardous materials, contamination, toxic chemicals, gases and radioactive substances, which could affect the health or safety of occupants or conflict with the intended use of the property? [ ] Yes [ ] No If Yes, the proposal is in compliance with HUD environmental policy on toxic/hazardous substances. If No, PROCEED. 5. Gather all pertinent information about the on-site or nearby toxic hazard – (e.g. waste characteristics, quantity, distance, prevailing wind direction, direction of slope, etc.) Contact the State Department of Health Services or equivalent (In Florida, it is the Department of Environmental Protection – FDEP), as needed, for assistance in assessing exposure to health hazards. Determine whether nearby toxic, hazardous or radioactive substances could affect the health and safety of project occupants. 6. Mitigate the adverse environmental condition by shielding, removing or encapsulating the toxic substances in accordance with the requirements of the appropriate federal, state or local oversight agency; or – REJECT THE SUBJECT PROPOSAL. HUD/federal assistance must be denied if, after mitigation, the housing is still determined to be in an unsafe or unhealthy environment. IMPORTANT: Attach all pertinent documentation. ________________________________________________________________________________________________________ Preparer Name and Title Signature Date ________________________________________________________________________________________________________ Responsible Entity Official-Name and Title Signature Date


REHABILITATION ENVIRONMENTAL REVIEW -

RER

TA – 25

Rehabilitation Environmental Review (RER)

This RER tiered review format [per 24CFR §58.15] may only be used for the environmental review of the rehabilitation of existing residential structures [per §58.35(a)(3)] with or without the acquisition of the existing structure [per §58.35(a)(5)]. It may not be used for projects involving changes of use or new construction activities. It may be used for the rehabilitation of individual units in a multi-family structure, but not for the rehabilitation / acquisition of an entire multi-family building, where using a Statutory Worksheet is recommended.

Program/Project Name and Description:_____________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ From (Month/Year):____________ - 20___ to (Month/Year):____________ - 20___ Definition of Area of Consideration: (Attach a composite map showing area of consideration and floodplains) Instructions: The Factors addressed in this RER form applies to the entire Area of Consideration (see NOTES below). Prepare an MRER form once for each program that meets the criteria of minor rehabilitation/acquisition at §58.35, and retain it in the Environmental Review Record (ERR). A new RER must be completed whenever there are changes in the area of consideration or changes in the environmental conditions which could affect the program or which may bear on the program’s impact on the environment. Publish or disseminate a Notice of Intent / Request Release of Funds (NOI/RROF) per §58.70, after completion of this RER. The NOI/RROF shall identify the issues to be addressed in the site-specific reviews Appendix A per §58.15. Do not commit HUD funds to specific projects before obtaining the Authority to Use Grant Funds (HUD form 7015.16) for the program or before completing the site-specific issues found in .

Site specific issues (historic preservation, air quality, explosive/flammable operations, toxic substances, and airport clear zones) which apply to individual rehabilitation/acquisition proposals, shall be addressed by completing Appendix A when an individual loan or grant application is received. Before approving any site-specific loan or grant, complete the Appendix A for each structure, document and implement the mitigation of impacts as necessary, and keep all supporting documents in the ERR as evidence of compliance.

Area-Wide Factors

Floodplain Management1 Check box only if no part of the area of consideration is located in a Special Flood Hazard Area (SFHA) such as an area designated "A" or "V" Zone by FEMA. [Source Documentation – FIRM Panel Number(s) and date] 1 If any part of the area of consideration is in a SFHA, complete Part I on next page.

Coastal Zone Management2

Check box if no part of the area of consideration is within a Coastal Zone 2 If any part of the area of consideration is within the Coastal Zone, complete Part II on next page. Notes:

(a) Area of Consideration is the geographic portion of a City or County from which applications for rehabilitation / acquisition loans or grants are to be accepted under this HUD-funded program. (b) Ordinarily, the following laws / authorities listed at 24 CFR 58.5 are not invoked by housing rehabilitation projects under the identified citations or references: Wetland Protection, Executive Order 11990, Sections 1(a) and 2(a); Endangered Species Act, 16 USC 1531 et seq. as amended, particularly 16 USC 1536, 50 CFR 402; Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 et. seq., as amended [particularly Sections 7(b) and (c)]; Farmland Protection Act, 7 CFR 658.3(c); Noise Abatement, 24 CFR 51.101(a)(2); Sole Source Aquifers, Memorandum of Agreement between HUD Region IX and U.S. Environmental Protection Agency Region IX, dated 4/30/90, and Executive Order 12898 Environmental Justice. Should exceptional circumstances require compliance steps with any of these authorities, such compliance must be documented prior to approving the site-specific loan or grant.

Part I Floodplain Management Complete this part if this program will ever involve any of the following activities within Special Flood Hazard Areas: (1) property acquisition, (2) rehabilitation of single family units exceeding 50% of the market value of the structure before rehabilitation, or (3) rehabilitation of multifamily residential structures. 1. Before approving any minor rehabilitation/acquisition loans or grants within a SFHA, comply with Executive Order 11988 by completing the 8-Step-Decision-Making Process for the entire area of consideration, according to 24 CFR §55.20. ATTACH A COPY OF THIS 8-STEP PROCESS - (Include copies of all published notices). 2. Did completion of the 8-step process result in a determination that there is no practicable alternative to carrying out rehabilitation and/or acquisition of residential units within the Special Flood Hazard Area? [ ] Yes [ ] No 3. Is the community participating in the National Flood Insurance Program? [ ] Yes [ ] No 4. If either answers to question Number 2 and / or Number 3, loans and grants may not be approved within the Special Flood Hazard Area. 5. If both answers to question Number 2 and Number 3 is yes, compliance review of this factor is complete.

Note: As an alternative to doing the 8-step process, the responsible entity may choose to revise the boundaries of the area of consideration to exclude the Special Flood Hazard Areas (SFHA’s). However, properties within the excluded portions would then be ineligible for HUD-assisted acquisition/rehabilitation loans or grants under this program. Warning: The Flood Disaster Protection Act (listed at §58.6) additionally mandates the purchase of flood insurance for buildings located in SFHA's as a condition of approval for federal financial assistance. Flood insurance protection is mandatory for acquisition, construction, reconstruction, repair and improvement activities, but not for routine maintenance activities. Recipients with projects located in SFHA's are responsible for ensuring that flood insurance is maintained for the statutorily-prescribed period and dollar amount. In the case of grants, flood insurance must be maintained for the life of the building. In the case of loans, flood insurance must be maintained for the term of the loan. The necessary documentation for compliance is the Policy Declaration form. The amount of flood insurance coverage must be at least equal to the total project cost (less the estimated land cost) or to the maximum limit of coverage made available by the Act.

Part II Coastal Zone Management Complete this part only if you have determined that the area of consideration (or portions of it) is within the Coastal Zone. 1. Have all acquisition/rehabilitation activities under this program been found to be consistent with the applicable Coastal Zone Management Plan? [ ] Yes [ ] No Source of this finding is: [ ] Certified Local Planning Department [ ] Other________________________ a. If question #1 was answered "Yes", STOP HERE. Compliance with the Coastal Zone Management Act is documented. b. If question #1 was answered "No", require the acquisition of the coastal zone permit or determination of consistency.

DO NOT APPROVE ANY HUD-FUNDED LOAN OR GRANT WITHIN THE COASTAL ZONE before doing this. __________________________________ _________________________________ _______________ Preparer Name and Title Signature Date __________________________________ _________________________________ _______________ Responsible Entity Official – Name Signature Date


SAMPLE NOTICE: FONSI AND NOIRROF

TA – 26

NOTICE OF FINDING OF NO SIGNFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

Date of Notice Name of Responsible Entity [RE] Address (e.g., Street No. or P.O. Box) City, State, Zip Code Telephone Number of RE These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the name of RE or grant recipient.

REQUEST FOR RELEASE OF FUNDS On or about at least one day after the end of the comment period the name of RE will if the RE is not also the grant recipient, insert the following language here: “authorize the [name of grant recipient] to” submit a request to the HUD/State administering agency for the release of name of grant program funds under Title/Section [ ? ] of the name of the Act of [year], as amended, to undertake a project known as project title for the purpose of nature/scope of project, estimated funding (include non-HUD funding sources if applicable) and project location if applicable.

FINDING OF NO SIGNIFICANT IMPACT The name of RE has determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at name and address of RE office where ERR can be examined and name and address of other locations where the record is available for review and may be examined or copied weekdays __A.M to __P.M.

The language below is HUD’s recommended wording of the combined Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds. This Notice is used for projects requiring an Environmental Assessment (24 CFR Part 58, §Section 58.36]. Words in bold type are required language. Words in italics are to be replaced by language appropriate to the particular project and Responsible Entity

PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the RE designated office responsible for receiving and responding to comments. All comments received by if notice is published: publication date plus fifteen days; if notice is mailed and posted: mailing and posting date plus eighteen days will be considered by the name of RE prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing. RELEASE OF FUNDS The name of RE certifies to HUD/State that name of Certifying Officer in his/her capacity as Official Title consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s/State’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the name of grant recipient to use Program funds. OBJECTIONS TO RELEASE OF FUNDS HUD will accept objections to its release of fund and the RE’s certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the name of RE; (b) the RE has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR part 58; (c) the grant recipient has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to the U. S. Department of Housing and Urban Development – Miami Field Office, Brickell Plaza Federal Building, 909 Southeast First Avenue – Suite 500, Miami, Florida 33131-3028. Potential objectors should contact HUD to verify the actual last day of the objection period. Name and Title of RE Certifying Officer

Note: The fifteen or eighteen-day public comment periods are the minimum time periods required by regulation prior to submission of a Request for Release of Funds and Certification (form HUD-7015.15) to HUD/State. The Responsible Entity may choose to allow a longer comment period. 24 CFR Part 58 requires, at Section 58.46, “Time delays for exceptional circumstances,” a 30-day comment period for controversial or unique projects or those similar to projects normally requiring preparation of an Environmental Impact Statement. The fifteen-day objection period is a statutory requirement. The objection period follows the submission date specified in the Notice, or the actual date of receipt by HUD/State, whichever is later.


SAMPLE NOTICE: NOIRROF

TA – 27

NOTICE OF INTENT TO REQUEST A RELEASE OF FUNDS

Date of Notice Name of Responsible Entity [RE] Address (e.g., Street No. or P.O. Box) City, State, Zip Code Telephone Number of RE

NOTICE OF INTENT TO REQUEST A RELEASE OF FUNDS On or about at least one day after the end of the comment period the name of RE will if the RE is not also the grant recipient, insert the following language here: “authorize the [name of grant recipient] to” submit a request to the HUD/State administering agency for the release of name of grant program funds under Title/Section [ ? ] of the name of the Act of [year], as amended, to undertake a project known as project title for the purpose of nature/scope of project, estimated funding (include non-HUD funding sources if applicable) and project location if applicable. The activities proposed alternative #1: are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements or alternative #2: comprise a project for which a Finding of No Significant Impact on the environment was [published/posted] on [date of Finding publication/posting]. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at name and address of RE office where ERR can be examined and name and address of other locations where the record is available for review and may be examined or copied weekdays __A.M to __P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the RE designated office responsible for receiving and responding to comments. All comments received by if notice is published: notice date plus seven days; if notice is mailed and posted: mailing and posting date plus ten days will be considered by the name of RE prior to authorizing submission of a request for release of funds.

The language below is HUD’s recommended wording of the Notice of Intent to Request a Release of Funds. This Notice is used to request the environmental release of funds for Categorically Excluded projects (24 CDF Part 58, Section 58.35(a) or for projects for which a Notice of Finding of No Significant Impact was previously issued. Words in italics are required language. Words in italics are to be replaced by language appropriate to the particular project and Responsible Entity.

RELEASE OF FUNDS

The name of RE certifies to HUD/State that name of Certifying Officer in his/her capacity as Official Title consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s State’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the name of grant recipient to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

HUD/State will accept objections to its release of fund and the RE’s certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the name of RE; (b) the RE has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR part 58; (c) the grant recipient has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD/State; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to HUD/State administration office at address of that office. Potential objectors should contact HUD/State to verify the actual last day of the objection period. Name and Title of RE Certifying Officer

Note: The seven or ten-day public comment periods are the minimum time periods required by regulation prior to submission of a Request for Release of funds and Certification (form HUD-7015.15 to HUD/State. The Responsible Entity may choose to allow a longer comment period. The fifteen-day objection period is a statutory requirement. The objection period follows the submission date specified in the Notice or the actual date of receipt by HUD/State, whichever is later.


STATUTORY CHECKLIST

TA – 28

Statutory Checklist

Statutory Worksheet 24 CFR §58.5 Statutes, Executive Orders and Regulations

Use this worksheet only for projects that are Categorically Excluded per 24 CFR § 58.35(a).

NOTE: Compliance with the laws and statutes listed at 24 CFR §58.6 must also be documented.

PROJECT NAME and DESCRIPTION - Include all contemplated actions that logically are either geographically or functionally part of the project: __________________________________________________________________ This proposal is determined to be Categorically Excluded according to: [Cite Section(s)] ____________ DIRECTIONS - Write “A” in the Status Column when the proposal, by its scope and nature, does not affect the resources under consideration; or write “B” if the project triggers formal compliance consultation procedures with the oversight agency, or requires mitigation (see Statutory Worksheet Instructions). Compliance documentation must contain verifiable source documents and relevant base data. COMPLIANCE FACTORS:

HISTORIC PRESERVATION 36 CFR PART 800

FLOODPLAIN MANAGEMENT 24 CFR §55 & EXECUTIVE ORDER 11988

WETLAND PROTECTION EXECUTIVE ORDER 11990

COASTAL ZONE MANAGEMENT ACT SECTIONS 307(c) & (d)

SOLE SOURCE AQUIFERS 40 CFR 149

ENDANGERED SPECIES ACT 50 CFR 402

WILD AND SCENIC RIVERS ACT SECTIONS 7(b) & (c)

CLEAN AIR ACT SECTIONS 176(c)(d) & 40 CFR 6, 51, 93

FARMLAND PROTECTION POLICY ACT 7 CFR 658

ENVIRONMENTAL JUSTICE EXECUTIVE ORDER 12898

NOISE ABATEMENT & CONTROL 24 CFR §51B

EXPLOSIVE & FLAMMABLE OPERATIONS 24 CFR §51C

HAZARDOUS, TOXIC OR RADIOACTIVE MATERIALS & SUBSTANCES

24 CFR 58.5(i)(2)

AIRPORT CLEAR ZONES & ACCIDENT POTENTIAL ZONES

24 CFR 51D

COMPLIANCE DETERMINATION AND DOCUMENTATION

STATUTES, EXECUTIVE ORDERS AND REGULATIONS LISTED AT 24 CFR §58.5

A/B

Statutory Checklist

Determination: This project converts to Exempt, per Section 58.34(a)(12), because it does not require

any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license (Status "A" has been determined in the status column for all authorities); Funds may be committed and drawn down for this (now) EXEMPT project; or

This project cannot convert to Exempt status because one or more statutes or authorities require formal consultation or mitigation. Complete consultation / mitigation protocol requirements, publish NOI/RROF and obtain Authority to Use Grant Funds (HUD 7015.16) per Section 58.70 and 58.71 before committing or drawing down funds; or

The unusual circumstances of this project may/will result in a significant environmental impact. This project requires preparation of an Environmental Assessment (EA). Prepare the EA according to 24 CFR Part 58 Subpart E.

_______________________________________ _________________ PREPARER SIGNATURE DATE _______________________________________ _________________________________ PREPARER NAME TITLE: ________________________________________________ RESPONSIBLE ENTITY AGENCY OFFICIAL SIGNATURE ___________________________________________ _______________ NAME & TITLE: DATE


STATUTORY CHECKLIST -

GUIDANCE MATRIX

TA – 29

GUIDANCE FOR THE STATUTORY CHECKLISTLAWS AND AUTHORITIES LISTED AT 24 CFR 58.5

These instructions are a brief description of the essential findings needed to establish a record of compliance. These instructions are notintended to replace the applicable regulations, which take precedence over these instructions. The aforementioned instructions merelyoutline whether or not the project requires formal consultation, permits, agreements, or will have an effect on the resources protected bythe relevant Federal laws or authority. Responsible entities must officially record their findings for each of the federal laws andauthorities in the Environmental Review Record (ERR), and support their findings with relevant base data and verifiable sourcedocumentation.

ENVIRONMENTAL CATEGORY COMPLIANCE STEPS NOT INVOKED COMPLIANCE STEPS REQUIRED

HISTORIC PROPERTIESThe RE and SHPO agree that there are NO HistoricProperties affected per 36 CFR §800.4

The RE and SHPO agree historic properties WILL beaffected. Assess and resolve adverse effectsaccording to §800.5 et seq.

FLOODPLAIN MANAGEMENT

The project does not involve property acquisition,land management, construction or improvementwithin a 100 year floodplain (Zones A or V)identified by FEMA maps, or does not involve a"critical action" (e.g., emergency facility, facility formobility impaired persons, etc.) within a 500 yearfloodplain (Zone B). If these maps have not beenpublished, the same finding is necessary and is tobe based on data from the City/County Engineer orlocal Flood Control Agency.

Complete and implement the 8-step decisionmaking process identified in 24 CFR §55. (Projectsmay be approved within the floodplain only if theresponsible entity documents states that there is nopracticable alternative.)

WETLANDS PROTECTIONThe project does not involve new construction withinor adjacent to a wetland identified by or delineated onmaps issued by the U.S. Department of Interior, Fishand Wildlife Service.

Complete and implement the 8-step decision makingprocess identified in24 CFR §55. (Projects may beapproved only if there is no practicable alternativeoutside the wetland area. However, such activitiesrequire a Section 404 permit from the U.S ArmyCorps of Engineers).

COASTAL ZONE MANAGEMENTThe project does not involve the placement, erectionor removal of materials, nor increase the intensity ofuse in the Coastal Zone

Secure concurrence from the Coastal ZoneCommission or delegated planning commission withyour determination of consistency with the applicableCoastal Zone Plan.

SOLE SOURCE AQUIFERS

AIR QUALITY

FARMLAND PROTECTION

NOISE ABATEMENT & CONTROL

The project is not located within an area designatedby EPA as being supported by a sole source aquifer.

Consult with the Water Management Division of EPAfor the implementation of project mitigation measuresto avoid contaminating the aquifer, and retaindocumentation in the ERR, or reject the proposal.

ENDANGERED SPECIES

Initiate and complete consultation with the U.S. Fishand Wildlife Service, in accordance with 50 CFR Part402.

The project is not likely to affect Federally-listed orproposed threatened and endangered species – suchas plants, animals, fish, or invertebrates), nordesignated or proposed critical habitat. This finding isto be based on contact made with the U.S. Fish andWildlife Service, or special study completed by aprofessional biologist and/or botanist.

WILD AND SCENIC RIVERSThe project is not located within one mile of a listedWild and Scenic River, or the project will not have aneffect on the natural, free flowing or scenic qualities ofa river in the National Wild and Scenic Rivers system.

Consult with the U.S. Department of Interior, and theNational Park Service for resolution and mitigationassistance, or reject the proposal.

The project is located within an "attainment" area. Negotiate suitable mitigation measures with the AirQuality Management District / Board or equivalent.

The project site does not include prime or uniquefarmland, or other farmland of statewide or localimportance as identified by the US Department ofAgriculture, Natural Resources Conservation Serviceformerly the Soil Conservation Service), or the projectsite includes prime farmland, but is located in an areacommitted to urban uses.

Request evaluation of land type from NRCS usingForm AD 1006, and consider the resultant rating inthe project decision, as well as potential mitigationmeasures (including measures to protect adverseeffect on adjacent farmlands), or reject it.

The project does not involve development of noisesensitive uses, or the project is not within line-of-sightof an arterial roadway or railroad, or ambient noiselevel is 65 LDN or less, based upon the HUD NoiseAssessment Guidelines (NAG) study for calculatingnoise levels.

Apply the noise standard to the project approvaldecision and implement noise attenuation measures, asapplicable, (NAG page 39-40) or reject the proposal.

EXPLOSIVE OR FLAMMABLEOPERATIONS

TOXIC CHEMICALS

ENVIRONMENTAL JUSTICE

The project is located at an Acceptable SeparationDistance (ASD) from any above-ground explosive orflammable fuels or chemicals containers according to"Siting of HUD-Assisted Projects Near HazardousFacilities" (Appendix F, pp. 51-52), or the project willexpose neither people nor buildings to such hazards.

Mitigate the hazard (per 24 CFR §51.205) with theconstruction of a barrier of adequate size and strengthto protect the project from the explosive or flammablehazard or reject the proposal.

The project does not involve new development forhabitation; or the project involves new development forhabitation, but is not located within one mile of anNPL("Superfund") site, within ½ mile of a CERCLISsite, nor adjacent to any other known or suspectedsites contaminated with toxic chemicals or radioactivematerials, unless a Federal, State, or local authoritativesource determines it does not pose a health hazard.

Responsible entities are advised not to use funds foractivities supporting new development for habitationwhen a project site is affected by toxic chemicals orradioactive materials. Mitigate the hazard until it posesno threat to health and safety, OR reject the proposal.

Airport Clear Zones

The project is not within an FAA-designated civilianairport Runway Clear Zone (RCZ), or within a militaryairfield Clear Zone (CZ) or Accident Potential Zone(APZ), based upon information from the airport ormilitary airfield administrator identifying the boundariesof such zones; or the project involves only minorrehabilitation, or the project involves only the sale orpurchase of an existing property in a RCZ or CZ(NOTE: The responsible entity shall notify buyer of thisfact and obtain buyer's signature acknowledging receiptof this information (24 CFR Part 58.6(c).

It is HUD policy not to provide any developmentassistance, subsidy or insurance in RCZs or CZsunless the project will not be frequently used oroccupied by people, and the airport operatorprovides written assurances that there are no plansto purchase the project site.

The project site is suitable for its proposed use and theproject won’t be adversely affected by existingenvironmental conditions.

Site suitability is a concern; or the project isadversely affected by the environment with respectto low income or minority populations. Avoid suchimpacts or mitigate them to the extent practicable,or reject the proposal.



INSTRUCTIONS

TA – 30

INSTRUCTIONS FOR COMPLETING THE STATUTORY WORKSHEET

INSTRUCTIONS FOR COMPLETING THESTATUTORY WORKSHEET


These instructions are a brief description of the essential findings needed toestablish compliance. These instructions do not replace the applicable regulations.Applicable regulations take precedence over these instructions. The ResponsibleEntity (RE) must determine whether a proposal achieves compliance with eachstatute, Executive Order or regulation listed at 24 CFR Part 58.5, with or withoutrequiring formal consultation, mitigation, permits or having effects on theprotected resources for every HUD-assisted proposal it determines to becategorically excluded per 24 CFR Part 58.35(a). NOTE: The preparer of thisStatutory Worksheet must provide and attach the specific DOCUMENT SOURCESsupporting the determinations made.

Record the compliance status on the STATUTORY WORKSHEET for eachlisted Federal statute, regulation or authority as follows:

Enter Status “A” when compliance with the authority is achieved without effectson the protected resources, without needing mitigation AND when no formalconsultation, permit or agreement is required to establish compliance. Only underthese circumstances, enter “A” in the STATUTORY WORKSHEET status column.

Enter Status “B” in the status column when compliance with the authorityrequires formal consultation, permit or agreement, OR when the proposal mayhave an effect on the protected resources or requires mitigation to avoidsignificant impacts. Part B descriptions briefly summarize what additional steps orformal procedures must be completed prior to submitting a Request for Release ofFunds (RROF) to HUD or to the State. Evidence of completion and implementationof the required procedures or mitigation must be retained in the projectEnvironmental Review Record (ERR).


HISTORIC PROPERTIES :

A) The undertaking has No Potential to cause effects on Historic Properties basedon 36 CFR Part 800.3 (a)(1), or the Responsible Entity (RE) and SHPO agree thatthere are No Historic Properties Affected per 36 CFR Part 800.4 or SHPO (or ACHP)has not objected within 30 days after receipt of a fully documented determination.

B) The proposal has an effect on historic properties and the State HistoricPreservation Office (SHPO) and/or the Advisory Council on Historic Preservation(ACHP) objects to a No Effect determination. It is important that you provideSHPO et al, “reasonable” opportunity to comment, based on 36 CFR per §800.5, tomitigate effects on historic properties until resolution or consideration of ACHPcomments.

FLOODPLAIN MANAGEMENT:

A) The proposal does not involve property acquisition, management, constructionor improvements of more than four (4) residential units within a Special FloodHazard Area (SFHA) or 100-year floodplain designated as Zones A or V inFEMA/FIRM maps, and does not involve a “critical action” (e.g., emergencyfacilities, facility for mobility impaired persons, etc.) within a 500 year floodplain(shaded X Zone or Zone B in FEMA/FIRM maps). If FEMA has not published floodmaps, the RE must make a finding based on best available data, such as from theCity/County Engineer or the local Flood Control Agency.

B) Complete the 8-Step decision making process according to 24 CFR Part 55.20to determine whether there are practicable alternatives to locating the proposal inthe SFHA and to mitigate adverse effects. DO NOT APPROVE unless the recorddemonstrates that there are no practicable alternatives to locating the proposal inthe SFHA.

WETLANDS PROTECTION:

A) The project does not involve new construction, draining, dredging, filling,diking, or impounding within or immediately adjacent to wetlands, marshes, wetmeadows, mud flats or natural ponds per field observation and maps issued by theU.S. Department of the Interior’s - Fish & Wildlife Service (FWS) or U.S. ArmyCorps of Engineers.


B) Complete the 8-step decision making process in 24 CFR Part 55.20 to provethere are no practicable alternatives and to mitigate effects of the project onwetlands. DO NOT APPROVE unless the record demonstrates that there are nopracticable alternatives to locating the proposal on wetlands. Such action alsorequires obtaining a permit from the U.S. Corps of Engineers under Section 404 ofthe Clean Water Act.

COASTAL ZONE MANAGEMENT:

A) Document that the proposal does not involve the placement, erection orremoval of materials, or an increase in the intensity of use in the designatedCoastal Zone (CZ) according to the State Coastal authority.

B) Secure concurrence from the CZ Commission or delegated local planningcommission with your determination of consistency with the applicable CZ Plan, orobtain coastal zone permit for the proposed activities.

SOLE SOURCE AQUIFERS (SAFE DRINKING WATER ACT):

A) The proposal is not located within a U.S. EPA-designated sole source aquiferwatershed area per the Region IV EPA Ground Water Office.

B) Consult with the Water Management Division of EPA to design mitigationmeasures to avoid contaminating the aquifer and implement appropriatemitigation measures.

ENDANGERED SPECIES:

A) The RE determines that the proposal will have “no effect” or “may affect but isnot likely to adversely affect” any federally protected (listed or proposed)Threatened or Endangered Species (plants, animals, fish, or invertebrates), noradversely modify their critical habitats. This finding is to be based on contact madewith the U.S. Fish and Wildlife Service, the National Marine Fisheries Service or byspecial study completed by a professional biologist or botanist. Only a “no effect”determination need not be sent to USFWS/NMFS for concurrence. A “may affectbut not likely to adversely affect” determination must be submitted to eitherUSFWS or NMFS, as applicable, for a 30-day-minimum consultation period.


B) Consult with the USFWS or with the National Marine Fisheries Service, inaccordance with 50 CFR Part 402, to reduce or remove adverse effects onThreatened and / or Endangered (T & E) species and their critical habitats. Formalconsultation with USFWS or NMFS is required for all federally funded “majorconstruction” activities and all activities “likely to adversely affect” T & E species.

WILD AND SCENIC RIVERS:

A) The project is not located within one mile of a listed Wild and Scenic River, ORthe project will have no effects on the natural, free flowing or scenic qualities of adesignated river in the National Wild and Scenic Rivers system.

B) Consult with the U.S. Department of Interior, National Park Service for impactresolution and mitigation.

AIR QUALITY:

A) The proposal is located within an “attainment” area for “criteria pollutants”, or,if within a “non-attainment” area, conforms to the EPA-approved StateImplementation Plan (SIP), per contact with the Air Quality Management Districtor Board.

B) Negotiate suitable mitigation measures with the Air Quality ManagementDistrict or Board, obtain necessary permits, issue required notices. (For example,40 CFR §61.145 requires 10-day prior notification to the Air Quality DistrictAdministrator whenever either 260 linear ft., 160 sq.ft., or 35 cubic ft., of asbestoscontaining material is to be disturbed).

FARMLAND PROTECTION:

A) The proposal site does not include prime or unique farmland, or other farmlandof statewide or local importance as identified by the U.S. Department ofAgriculture, Natural Resources Conservation Service NRCS (formerly the SoilConservation Service, or the project site includes prime or unique farmland, but islocated in an area committed to urban uses;

B) Request evaluation of land type from the NRCS using Form AD-1006, andconsider the resulting rating in deciding whether to approve the proposal, as wellas mitigation measures (including measures to prevent adverse effects onadjacent farmlands).


NOISE ABATEMENT AND CONTROL:

A) The proposal does not involve development of noise sensitive uses, or theproject is not within line-of-sight of a major or arterial roadway or railroad, orambient noise level is documented to be 65 LDN or less, based upon the HUDNoise Assessment Guidelines for calculating noise levels and Airport Noise Contourmaps.

B) Apply the noise standard, based on 24 CFR §51.101, to the decision whether toapprove the proposal (see §51.104), and implement noise attenuation measures(NAG page 39-40) as applicable.

EXPLOSIVE OR FLAMMABLE OPERATIONS:

A) The proposal is located at an Acceptable Separation Distance (ASD) from anyabove-ground explosive or flammable fuels or chemicals containers according toSiting of HUD-Assisted Projects Near Hazardous Facilities guidebook (Appendices F& G, pp. 51-52), or the proposal will expose neither people nor buildings to suchhazards based on field observations.

B) Reject the proposal or mitigate the blast overpressure and thermal radiationhazard with the construction of a barrier of adequate size and strength to protectthe project and its occupants (based on 24 Part CFR 51.205).

TOXIC CHEMICALS AND RADIOACTIVE MATERIALS:

A) The subject and adjacent properties are free of hazardous materials,contamination, toxic chemicals, gasses and radioactive substances which couldaffect the health or safety of occupants or conflict with the intended use of thesubject property. Particular attention must be given to nearby dumps, landfills,industrial sites and other operations with hazardous wastes or materials.

B) Examine the pathways of exposure, assess the risk of exposure and mitigatethe exposure to the toxic contamination accordingly by removing, stabilizing,shielding or encapsulating the toxic substances in accordance with therequirements of the appropriate Federal, state or local oversight agency; or rejectthe proposal, particularly if it involves acquisition. (All property proposed for use inHUD programs must be free of hazardous materials, contamination, toxicchemicals and gases, and radioactive substances, where a hazard could affect thehealth and safety of occupants or conflict with the intended utilization of theproperty).


AIRPORT CLEAR ZONES AND ACCIDENT POTENTIAL ZONES:

A) The project is not within an FAA-designated civilian airport Runway Clear Zone(RCZ) -or Runway Protection Zone, or within a military airfield Clear Zone (CZ) orAccident Potential Zone (APZ) -Approach Protection Zone, based upon informationfrom the airport or military airfield administrator identifying the boundaries of suchzones, or the project involves only minor rehabilitation, or the project involvesonly the sale or purchase of an existing property in the RCZ or CZ.

B) Reject the proposal since it is HUD’s policy not to provide any developmentassistance, subsidy or insurance in RCZs or CZs unless the project will not befrequently used or occupied by people and the airport operator provides writtenassurances that there are no plans to purchase the project site.

ENVIRONMENTAL JUSTICE:

A) The proposed site is suitable for its proposed use and will not be adverselyimpacted by adverse health or environmental conditions;

B) Site suitability is a concern; the proposal is adversely affected byenvironmental conditions impacting low income or minority populations. Avoidsuch impacts or mitigate them to the extent practicable. Address and mitigate thedisproportional human health or environmental effects adversely affecting the lowincome or minority populations or reject the proposal



REQUIRED DOCUMENTATION

TA – 31

Required Documentation for the Statutory Checklist – 2009/2010

DOCUMENTATION FOR THE STATUTORY CHECKLIST 24 CFR PART 58

1. Historic Preservation: Documentation must include a copy of the letter submitted to and the

response received from the State Historic Preservation Officer (SHPO) or, where applicable Tribal Historic Preservation Officer (THPO) (the need to contact the THPO may be determined through consultation with the SHPO). The SHPO for your state or territory may be identified by visiting http://www.achp.gov/programs.html. If the SHPO or THPO response indicates that historic properties will not be affected or adversely affected by the project no further action is required. However, if the SHPO or THPO indicates that historic properties will or may be adversely affected by the project then you must consult with the SHPO/THPO or the Advisory Council on Historic Preservation to resolve or mitigate adverse effects prior to completing the Environmental Review (ER). See http://www.achp.gov for more information.

2. Floodplain Management: If your project (including auxiliary features such as storm water

treatment facilities, roads, driveways, storage facilities, borrow or waste areas, etc.) is not in the 100-year floodplain (a.k.a. Special Flood Hazard Area) or for critical actions (See 24 CFR § 55.2[b][2]) the 500-year floodplain, place a copy of the Flood Insurance Rate Map (FIRM) with the site marked on the map in the Environmental Review Record (ERR). The FIRM Map can be obtained in the City or County Planning Office or by visiting http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1. If your project is in the 100-year floodplain or for critical actions the 500-year floodplain, HUD (Part 50) or the Responsible Entity (Part 58) must complete the eight-step decision making process at 24 CFR § 55.20 in writing; and publish the public notices required at 25 CFR §§ 55.20(b) & (g). For more information on the 8-step process consult the HUD regulations at 24 CFR Part 55. For assistance with reading FIRMS or making floodplain determination see http://www.fema.gov. In addition to the HUD requirements, projects resulting in any development in the 100-year floodplains will also require authorization from the Local Floodplain Administrator prior to beginning construction.

3. Wetland Management: If the project involves new ground disturbance (including auxiliary

features such as storm water treatment facilities, roads, driveways, storage facilities, borrow or waste areas, etc.) contact the local U.S. Army Corps of Engineers (USACE) office, or a qualified consultant to determine the presence or absence of wetlands, including non-jurisdictional wetlands. The USACE office for your region, county, and/or state, may be identified by visiting http://www.usace.army.mil/about/Pages/Locations.aspx. If no wetlands are present then document this finding by including USACE determination or the consultant’s report, which must contain a copies of a completed “Data Form: Routine Wetland Determination” for each habitat type on the project site, within the ERR. If your project impacts a wetland HUD (Part 50) or the Responsible Entity (Part 58) must complete the eight-step decision making process at 24 CFR § 55.20 in writing; and publish the public notices required at 25 CFR §§ 55.20(b) & (g). For more information on the 8-step process consult the HUD regulations at 24 CFR Part 55. In addition to the HUD requirements, projects impacting wetlands may require USACE or State Water Quality program authorization prior to beginning construction.

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4. Coastal Zone Management: If the project involves new construction, conversion of land use,

major rehabilitation of existing structures (including substantial improvement) or the acquisition of undeveloped land, and you are in a Coastal State determine if the project is located within the State’s designated Coastal Zone Management Area (CZMA). State Coastal Zone Management Areas may be identified by visiting the applicable State Coastal Zone Management Act website which may be found at http://coastalmanagement.noaa.gov/mystate/welcome.html. If the project is not located within the State designated CZMA place a copy of the State CZMA map with a mark indicating that your project is outside the CZMA within the ERR. If the project is located within the State designated CZMA then the State Federal Consistency agent will have to review the project for consistency with the state coastal management program. Please refer to the web link http://oceanservice.noaa.gov/topics/coasts/management/welcome.html for more information.

5. Sole Source Aquifers: The sole source aquifers located HUD Region IV are in Florida and

Mississippi. If you are not in either the State of Florida or Mississippi include a copy of the webpage at http://www.epa.gov/Region4/water/groundwater/r4ssa.html in your ERR. If you are in Florida or Mississippi, refer to the same website to determine if the project is located within the watershed of the designated sole aquifer. If the project is in fact in the watershed of a sole source aquifer you must consult with US Environmental Protection Agency (EPA), Regional Office to resolve or mitigate adverse effects prior to completing the ER. See http://www.epa.gov/Region4/water/groundwater/r4swap.html for more information.

6. Threatened and Endangered Species: If the project involves ground disturbance; vegetation

removal; filling of ponds, streams, or other waters; or generation of atypical noise levels, contact the US Fish and Wildlife Service (USFWS) or a qualified consultant to determine if the project may affect any threatened or endangered species. The USFWS office for your state or territory may be identified by visiting http://www.fws.gov/endangered/contacts.html. If the project will have no effect on any threatened or endangered species, document this finding by including a record of USFWS consultation, or the consultant’s report, which must contain a biological assessment (see http://www.fws.gov/southeast/es/consultation.htm for guidance on the contents of a biological evaluation), within the ERR. If the project may affect any threatened or endangered species, directly or indirectly, then you must enter consultation with the USFWS to determine the potential effects. If the project’s effects to threatened or endangered species are not likely to be adverse then document completion of informal consultation by including the USFWS letter indicating concurrence with this finding in the ERR. If the project’s effects to threatened or endangered species are likely to be adverse then you must complete formal consultation with the USFWS to resolve or mitigate adverse effects prior to completing the ER. Please refer to the Florida Wildlife Service at http://www.fws.gov/endangered/consultations/index.html for more information.

7. Wild and Scenic Rivers: See http://www.rivers.gov/wildriverslist.html to determine if your project

could affect a Wild and Scenic River (WSR). If the project could not affect a WSR include the WSR list for your state or territory in the ERR. If the project may affect a WSR, consult with the agency responsible for managing the WSR to resolve or mitigate possible adverse effects. The responsible managing agency for each WSR is provided with each WSR description.

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8. Clean Air Act: See http://www.epa.gov/region4/air/naaqs/naaqs.htm to determine if your community is within a non-attainment area. HUD, in accordance with 40 CFR § 93.153(c)(2), has found that following activities are exempt from determination of conformity requirements: 1.) construction of a roadway with an expected traffic volume of less than 20,000 AADT; 2.) modification of an existing roadway resulting in an expected increase in traffic volume of less than 10,000 AADT; 3.) in non-attainment areas, construction of 1,000 new parking spaces or addition of 500 parking spaces to an existing facility; and 4.) in attainment areas, construction of 2,000 new parking spaces or addition of 1,000 parking spaces to an existing facility. If the project will not produce traffic or parking volumes exceeding the criteria for exemption, and result installation of stationary air emitters that require permits under state or territory law (e.g., large generators capable of supporting industrial or medical facilities) place a statement indicating such within the ERR. If the project will produce traffic or parking volumes exceeding the criteria for exemption, or result in the installation of stationary emitters that requires permits under state or territory law, then State Air Quality program will have to review the project for conformity with the State Implementation Plan (SIP). The State Air Quality program division or office in your state responsible for evaluating projects for conformity with the SIP may be found by visiting http://www.cicacenter.org/airtool.cfm. The abatement of lead-based paint (29 CFR §1926.1025) and asbestos (29 CFR §1926.1001) must be completed by licensed removal specialist. Furthermore the EPA must be notified if asbestos will be disturbed or removed.

9. Farmland Protection: If the project will not result in new construction the Farmland Protection

Policy Act (FPPA) does not apply. For project that result in new construction the FPPA does not apply if the project site is located within: a.) an “urbanized area” on the US Census Bureau Map); b.) an urban area on the USGS topographical map (as indicated by a “tint overprint”); (7 CFR § 658.2[a]); or c.) an area for which the decision to change the project site land use to a non-agricultural use has already been made as a result of local zoning (Chief Pearlie Reed, NRCS This Week, July 17, 1998). If the project involves construction on vacant land not located in one of the aforementioned areas, you must contact the local Natural Resource Conservation Service for assistance in determining if the project will affect important farmland. Click on the following website - http://offices.sc.egov.usda.gov/locator/app to locate the local NRCS office.

10. Thermal and Explosive Hazards: This refers to above ground storage tanks of more than 100

gallons storing explosive and flammable liquids. If there are no above ground storage tanks located within 1-mile of the project site document the findings by including site visit notes, emergency agency correspondence, and copies of maps or aerial photographs reviewed within the ERR. If there are any above ground storage tanks within 1-mile of the project site call HUD for further guidance or conduct analyses using the handbook Siting of HUD-Assisted Projects Near Hazardous Facilities which is available at

http://www.hud.gov/offices/cpd/environment/training/guidebooks/hazfacilities/index.cfm. For new construction you must REJECT the site if it falls within the acceptable separation distance of any thermal or explosive hazards. For more information see 24 CFR Part 51 Subpart C.

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11. Noise: This refers to sources of noise that may affect the project. If the project is not located

within 1,000 feet of any major highways (such as Interstates, U.S. Highways, State Routes and 4 lane curb-and-gutter roads that typically have Average Annual Daily Traffic volumes > 10,000), 3,000 feet of any railroads or 15 miles of major civilian or military airports document that the project will not be adversely affected by any of these sources by placing a map with the site marked on the map in the ERR. If any of the aforementioned conditions exist, a noise study must be conducted in accordance with The Noise Guidebook available at: http://www.hud.gov/offices/cpd/environment/training/guidebooks/noise/index.cfm. If as a result of the noise assessment the project will result in new construction with placement of noise sensitive uses, both interior and exterior, in areas with Normally Unacceptable noise levels (> 65-75 DNL) modify the project to resolve or mitigate the Normally Unacceptable noise levels, or reject the project site. If as a result of the noise assessment the project will result in new construction with placement of noise sensitive uses, both interior and exterior, in areas with Unacceptable noise levels (> 75 DNL) complete an Environmental Impact Statement (EIS), unless the EIS requirement is waived pursuant to 24 CFR §51.104(b)(2), or reject the project site. For rehabilitation activities involving noise sensitive facilities exposed to Normally Unacceptable or Unacceptable, HUD encourages incorporation of noise attenuation measures given the extent and nature of the rehabilitation being undertaken and the level of exterior noise exposure. For more information see 24 CFR Part 51 Subpart B.

12. Clearzones: If the project is not located within the Runway Clearzone (civil and military airports) or

Accident Potential Zone (military airports), document this finding by including within the ERR a map showing the absence of civil airports within 3,000 feet of the project and military airfields within 2.5 miles from the end a runway at a military airfield, or documentation from the civil or military airport operator indicating that the project is not located within the Runway Clearzone or Accident Potential Zone. If the project involves construction or structural improvement and the site is within a Runway Clearzone or Accident Potential Zone the site must be REJECTED unless the project meets the conditions outlined at 24 CFR §51.303. For more information see 24 CFR Part 51 Subpart D.

13. Toxics: To determine if there are any federally recorded contaminated sites on or near the project

refer to http://www.epa.gov/enviro/html/multisystem_query_java.html. It is also recommended that you contact the state environmental agency to determine if there are state recorded contaminated sites on or near the project site. You should also observe the site and note the presence or absence potential contamination indicators such as chemical odors, unidentified pipes, soil or pavement staining, distressed vegetation, unidentified barrels or containers, and evidence of frequent automobile or equipment repair activities. If potential contaminants are identified based on these reviews, a qualified environmental professional must be hired to complete a site investigation to assess for contamination. Single-family projects are when there are one-to-four units; for commercial, industrial and multi-family (five or more units) housing projects, including lease, purchase or rehabilitation activities, a qualified professional must be hired to complete a Phase I Environmental Site Assessment (Phase I) in accordance with ASTM Standard E-1527-05.

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If no potential contaminates or Recognized Environmental Concerns (RECs) are identified, place the documentation to support this finding in the ERR. If potential contaminates or RECs are identified further assessment including completion of additional records reviews or sampling may be needed to determine if contaminants are actually present on the property. If contaminants are present at harmful levels, then the property may be rejected, the contaminants removed (remediated), or, institutional/engineering controls, when allowed by the HUD program, implemented to prevent site users from coming into contact with the contaminants.

14. Environmental Justice: Determine if the project will be affected by environmental conditions (i.e., toxic pollutants, hazardous industrial operations, landfills or dumps, foul odor producing operations, explosive or flammable operations, or high automobile or train traffic hazards) that may have a disproportional effects on low income or minority populations. If you do not have environmental conditions that may have disproportional effects on low income or minority populations, you do not have an environmental justice impact. If you have environmental conditions that may have disproportional effects on low income and /or minority populations, go to http://www.epa.gov/compliance/environmentaljustice/assessment.html to do an environmental justice query for the area of concern. If the query indicates a potential environmental justice impact, reject the site and / or provide evidence to indicate mitigation of the hazard(s). See http://www.epa.gov/compliance/environmentaljustice/index.html for additional information.

15. Flood Insurance: If your project is not in the Special Flood Hazard Area (SFHA), place a copy of the FIRM with the site marked on the map in the ERR. If your project is in the SFHA, all structures (walled and roofed buildings or manufactured homes) located in the SFHA must be insured under National Floodplain Insurance Program and proof of insurance must be included in the ERR. For more information see http://www.fema.gov/business/nfip/.

16. Coastal Barrier Resources: If your project is not in a Coastal Barrier Resource System (CBRS) area, place a copy of the FIRM with the site marked on the map in the ERR. If your project is in a CBRS area development is generally not allowed with federal funds. See http://www.fws.gov/habitatconservation/coastal_barrier.html for more information.

17. Clearzone Notification: If the project is located within the Runway Clearzone or Clearzone and it satisfies the conditions outlined in 24 CFR § 51.303 for HUD assistance, the property owner shall be advised that the property is in a Runway Clearzone or Clearzone and what the implications of such a location are. For more information see 24 CFR Part 51 Subpart D.

18. Water Quality: In accordance with Section 404 of the Clean Water Act (CWA), if your project is determined to cause the loss of any jurisdictional wetlands, streams (including modified streams and wet weather channels), or open waters, U.S. Army Corps of Engineers authorization may be required prior to beginning project construction. Prior authorization requirements are contingent upon the project type and the authorizing permit. In accordance with Section 401 of the Clean Water Act, State Water Quality program authorization may also be required prior to beginning project construction. The USACE office for your state or region may be identified by visiting http://www.usace.army.mil/about/Pages/Locations.aspx The State Water Quality program division or office in your state that is responsible for approving activities under Section 401 of the CWA may be found by visiting http://www.cicacenter.org/swift.html. Under the CWA, wetlands are identified in accordance with the 1987 USACE Wetland Delineation Manual, which may be found at http://www.saw.usace.army.mil/WETLANDS/where/imap2/index.html.

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In accordance with Section 402 of the CWA, all construction activities that disturb one or more acres of land must be covered under a permit to discharge storm water. If your project will disturb one or more acres and it is not occurring on a tribal land you must contact the local State Water Quality program and obtain a storm water discharge permit prior to beginning construction. The State Water Quality program division or office in your state that is responsible for administering Section 402 of the CWA may be found by visiting http://www.cicacenter.org/swrl.html. If your project will disturb one or more acres and it is occurring on tribal land in the HUD Region IV states of Alabama, Florida, Mississippi, or North Carolina you must contact the EPA and obtain a storm water discharge permit prior to beginning construction. You will be able to access additional information, if your project(s) are occurring on tribal lands in the HUD Region IV states listed above, please refer to http://cfpub2.epa.gov/npdes/stormwater/authorizationstatus.cfm.

19. Solid Waste: Will the project generate hazardous waste? If yes, contact the State Environmental

Division or Office to determine proper tracking and disposal methods. Pursuant to 40 CFR § 261.4 (b)(1) household waste is not considered a regulated hazardous waste under the Resource Conservation Recovery Act. For more information go to http://www.cicacenter.org/hazwaste.html or http://www.epa.gov/osw/.

20. Fish and Wildlife: If the project will not result in impounding, diverting, deepening, channelizing

or modification of a stream or other body of water no further action is required regarding compliance with the Fish and Wildlife Coordination Act. If the project will result in impounding, diverting, deepening, channelizing or modification of a stream or other body of water consult with the USFWS and State Wildlife Agency to determine what affect the project may have on wildlife resources and, if applicable, resolve or mitigate adverse effects.

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WELCOME-TO-ATLANTA, GA -

REGION IV TRAVEL PLANNER

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GEORGIA STATE OFFICE FIVE POINTS PLAZA

40 MARIETTA STREET ATLANTA, GEORGIA 30303-2806

FY-2010 EDITION

Welcome to the HUD Office in Atlanta, Georgia

The Region IV - Region Environmental Team is continuing the training program for the local governments, and consultants who conduct environmental reviews under the HUD regulations at 24 CFR Part 58. Public Housing Authorities (PHAs) who have a Responsible Entity (local government) conducting the environmental review are also invited.

These 3-day trainings are given at the HUD Atlanta Field Office located at 40 Marietta Street, on the 11th floor, Montalvo Room. You will be required to sign-in and leave a photo ID card (driver’s license) at the Security Desk and get a visitors pass to enter the building. Due to the size of the training room, we limit these classes to 45 participants.

The environmental training provides specific guidance on the procedural requirements of the environmental regulations at 24 CFR Part 58. The specific processes for complying with the Laws and Authorities at 24 CFR Part 58.5 and Part 58.6 as well as the National Environmental Policy Act will be covered. The training will include specific examples and case studies. For a full understanding of the environmental processes, we urge you to plan to stay for the entire training. We do not have a budget for refreshments, but you may bring drinks and snacks. Thank you for your interest in the training. We look forward to seeing you. Dress is casual; wear walking shoes for walk to a site.

REGION IV ENVIRONMENTAL TEAM

Linda Poythress - Supervisor Sandra “Sandy” Frye Regional Environmental Officer Field Environmental Officer Area: Katrina State Disaster Funds Area: Alabama, Kentucky, Mississippi 678.732.2557 678.732.2727 404.730.2853 – Fax 404.730.2853 – Fax [email protected] [email protected]

Al Cazzoli Lenwood Smith Senior Field Environmental Officer Field Environmental Officer Area: Florida Area: North Carolina, South Carolina 305.520.5005 336.547.4002 x-2054 305.536.5765 -Fax 336.547.4138 - Fax [email protected] [email protected] Roberto Cortes-Colón Juan Roman Field Environmental Officer Field Environmental Officer Area: Puerto Rico, Virgin Islands Area: Georgia, Tennessee 787.766.5400 x-2039 678.732.2543 787.766.5995 - Fax 404.730.2853 - Fax

[email protected] [email protected]

The information provided is given to you as a courtesy from the Region IV Environmental Team. We know that many of you are here in Atlanta for the first time. We want you to not only have a learning experience while in the Environmental Training – but also enjoy all that Atlanta has to offer you when you are not in the training class. For your convenience this booklet is broken up into several categories:

1. AIRPORT INFORMATION 2. TRANSPORTATION 3. MASS TRANSIT INFORMATION 4. HOTEL INFORMATION 5. PLACES TO DINE 6. PLACES OF INTEREST – ATLANTA 7. SPORT VENUE LOCATIONS

AREA MAP

HARTSFIELD ATLANTA INTERNATIONAL AIRPORT

AIRLINES TERMINAL NORTH

AIR CANADA CONCOURSE: D 1-888-247-2262 AIR FRANCE CONCOURSE: E 1-800-237-2747 AIR JAMAICA CONCOURSE: E 1-800-523-5585 AIRTRAN CONCOURSE: C 1-800-247-8726 AMERICAN CONCOURSE: T 1-800-433-7300 AMERICA WEST CONCOURSE: D 1-800-327-7810 BRITISH AIRWAYS CONCOURSE: E 1-800-247-9297 CONTINENTAL CONCOURSE: D 1-800-231-0856 CORPORATE CONCOURSE: D 1-800-555-6565 FRONTIER CONCOURSE: D 1-800-432-1359 INDEPENDENCE AIR CONCOURSE: D 1-800-359-3594 KLM CONCOURSE: E 1-800-225-2525 KOREAN AIR CONCOURSE: E 1-800-438-5000 LUFTHANSA CONCOURSE: E 1-800-645-3880 MIDWEST CONCOURSE: D 1-800-452-2022 NORTHWEST CONCOURSE: D 1-800-225-2525 PAN AM CONCOURSE: 1-800-359-7262 SPIRIT AIR CONCOURSE: 1-800-772-7117 UNITED CONCOURSE: T 1-800-241-6522 U.S. AIRWAYS CONCOURSE: D 1-800-428-4322

TERMINAL SOUTH

AEROMEXICO CONCOURSE: E 1-800-237-6639 COMAIR CONCOURSE: C 1-800-325-1999 DELTA AIR LINES CONCOURSE: A, B, D, T, E 1-800-325-1999 HOOTERS AIR CONCOURSE: B 1-888-359-4668 SOUTH AFRICAN CONCOURSE: E 1-800-722-9675

CAR RENTALS

Avis, Budget, Dollar, Hertz, Enterprise, National and Thrifty have registration counters located inside the airport on the first floor within the Atrium. Car rental shuttles are located in the Orange Bus aisle. Located in Hartsfield-Jackson Airport Located Off-Airport Avis 404-530-2725 Airport Rent-A-Car of Atlanta 800-905-4997 Budget Car Rental 404-530-3000 Atlanta Rent-A-Car 404-763-1110 Dollar Rent-A-Car 866-434-2226 EZ Rent-A-Car 404-761-4999 Enterprise 404-763-5220 Payless Car Rental 404-766-5034 Hertz 404-530-2925 National 404-530-2800 Alamo 404-530-2800 Thrifty Car Rental 770-996-2350

GROUND TRANSPORTATION

Shared-Ride Shuttles (Departs every 10-15 minutes) Shared-ride shuttle transportation services are available during flight operating hours. Service includes transportation to hotels, convention centers, businesses and residences. Metro Shuttles provides service to cities located inside the Atlanta metropolitan area, while Non-Metro Shuttles provides service to locations outside the Atlanta metropolitan area. For reservations, go to the Green Bus aisle in the Ground Transportation Center. For Shuttle service to Downtown, Midtown, and Buckhead exit door S5 or S6 from the Delta baggage claim area and proceed to the outer curb.

ATLANTA WEATHER

Average Temperatures (in Fahrenheit): HIGH LOW

January - March 63 36 April – June 87 50 July - September 88 63 October – December 74 35

Pleasant temperatures in the summer and mild winters make Atlanta a pleasure to visit year round. Dress appropriately Jan.-March.

CLIMATE: Georgia has all four seasons - with an average year-round temperature of 65°F, perfect for any outdoor activity. Winters are mild with an average high of 55°F, while summers are warm with an average high of 90°F and low of 71°F. Spring and autumn are transitional with temperatures leaning to the warm side. Georgia enjoys mild temperatures year-round due to its latitude and proximity to the warm water of the Gulf of Mexico. Keep in mind: the Georgia Mountains generally remain cooler than the rest of the state. Rainfall averages 50 inches annually, providing lush foliage.

http://www.atlanta-airport.com/sublevels/ground_transportation/gtpage.htm�

MASS TRANSIT INFORMATION

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

HOTEL INFORMATION

EMBASSY SUITES CENTENNIAL OLYMPIC PARK DAYS INN ATLANTA DOWNTOWN 267 MARIETTA STREET 300 SPRING STREET ATLANTA, GA 30313 ATLANTA, GA 30308 404-881-9898 404-523-1144 BEST WESTERN INN AT THE PEACHTREE BAYMONT INN & SUITES DOWNTOWN 330 WEST PEACHTREE STREET 175 PIEDMONT AVENUE NE. ATLANTA, GA 30308 ATLANTA, GA 30303 404-577-6970 404-659-7777 HAMPTON INN & SUITES ATLANTA DOWNTOWN AMERI SUITES ATLANTA DOWNTOWN 161 SPRING STREET 330 PEACHTREE STREET NE. ATLANTA, GA 30303 ATLANTA, GA 30308 404-589-1111 404-577-1980 HILTON ATLANTA ATLANTA DOWNTOWN MARRIOTT 255 COURTLAND STREET NE. 160 SPRING STREET NW. ATLANTA, GA 30303 ATLANTA, GA 30303 404-659-2000 404-688-8600 ATLANTA MARRIOTT MARQUIS HOLIDAY INN ATLANTA DOWNTOWN 265 PEACHTREE CENTER AVENUE 101 ANDREW YOUNG INT’L BOULEVARD ATLANTA, GA 30303 ATLANTA, GA 30303 404-521-0000 404-524-5555 OMNI HOTEL @ CNN CENTER RESIDENCE INN BY MARRIOTT-ATLANTA 100 CNN CENTER 134 PEACHTREE STREET NW. ATLANTA, GA 30303 ATLANTA, GA 30303 404-659-0000 404-522-0950 RITZ-CARLTON – ATLANTA SHERATON ATLANTA HOTEL 181 PEACHTREE STREET 165 COURTLAND STREET ATLANTA, GA 30303 ATLANTA, GA 30303 404-659-0400 404-659-6500 HYATT REGENCY ATLANTA TRAVELODGE ATLANTA DOWNTOWN 265 PEACHTREE STREET NE. 311 COURTLAND STREET NE. ATLANTA, GA 30303 ATLANTA, GA 30303 404-577-1234 404-659-4545 WESTIN PEACHTREE PLAZA WYNDAM GARDEN HOTEL - DOWNTOWN 210 PEACHTREE STREET 175 PIEDMONT AVENUE ATLANTA, GA 30303 ATLANTA, GA 303030 404-659-1400 404-659-2727

PLACES TO EAT

LUNCH

CHOPSTICKS & YOU GYRO WRAP 68 WALTON STREET NW. 190 MARIETTA STREET NW. ATLANTA, GEORGIA ATLANTA, GEORGIA 404-523-0007 404-688-2228 MAIN MOON TACO BELL 131 CONE STREET NW. 63 BROAD STREET NW. ATLANTA, GEORGIA ATLANTA, GEORGIA 404-880-9533 404-523-4980 TACO BELL DOWNTOWN 1 CNN CENTER NW. 133 LUCKIE STREET NW. ATLANTA, GEORGIA ATLANTA, GEORGIA 404-584-5132 404-521-9796 SUPER HONG KONG CHICKEN EXPRESS 131 CONE STREET NW. 50 UPPER ALABAMA STREET SW. ATLANTA, GEORGIA ATLANTA, GEORGIA 404-880-9533 404-577-1030 DINNER ATLANTA GRILL DAILEY’S 181 PEACHTREE STREET NE. 17 INTERNATIONAL BOULEVARD ATLANTA, GEORGIA 30303 ATLANTA, GEORGIA 30303 404-659-0400 404-681-3303 HARD ROCK CAFÉ HAVELI INDIAN CUISINE 215 PEACHTREE STREET NE. 225 SPRING STREET ATLANTA, GEORGIA 30303 ATLANTA, GEORGIA 30303 404-688-7625 404-522-4545 HSU’S GOURMET CHINESE RESTAURANT LANDMARK DINER 192 PEACHTREE CENTER AVENUE 60 LUCKIE STREET ATLANTA, GEORGIA 30303 ATLANTA, GEORGIA 30303 404-659-2788 404-659-1756 LOMBARDI’S MAX LAGER’S AMERICAN GRILL & BREWERY 94 UPPER PRYOR STREET 320 PEACHTREE STREET NW. ATLANTA, GEORGIA 30303 ATLANTA, GEORGIA 30308 404-522-6568 404-525-4400

RAY’S IN THE CITY RUTH’S CHRIS STEAK HOUSE 240 PEACHTREE STREET 267 MARIETTA STREET ATLANTA, GEORGIA 30303 ATLANTA, GEORGIA 30313 404-524-9224 404-223-6500

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PLACES OF INTEREST - ATLANTA

Atlanta Botanical Garden 1345 Piedmont Avenue, NE., Atlanta The Atlanta Botanical Garden is a 30 acre botanical garden located within Piedmont Park in Midtown Atlanta, Georgia. The Atlanta Botanical Garden contains several different landscapes to display a variety of plants. Near the entrance are formal gardens, such as the Japanese garden, the herb garden, and the rose garden. Two woodland areas, the 5 acre Upper Woodland and the 10-acre Sforza Woods feature large trees and shade-loving flowers and undergrowth. The Children's Garden features whimsical sculptures, fountains, and interpretive exhibits on botany, ecology, and nutrition. The 16,000 square foot Dorothy Chapman Fuqua Conservatory contains indoor exhibits of plants from tropical rainforests and deserts. The rainforest room of the Fuqua Conservatory is also populated by tropical birds, turtles, and an exhibit of poison dart frogs, which are part of a collaborative effort between the Atlanta Botanical Garden and Zoo Atlanta. Adjoining this building, the Fuqua Orchid Center contains separate rooms simulating the tropics and high elevations in order to house rare orchids from around the world. Atlanta History Center 130 West Paces Ferry Road NW., Atlanta In 1990, the Historical Society and all its holdings became known as the Atlanta History Center. Today, the History Center is located on 33 acres in the heart of Atlanta’s Buckhead district and includes: one of the Southeast’s largest history museums; a research library and archives that annually serves more than 10,000 patrons; two historic houses illustrating over a century of Atlanta’s history; a two-acre midtown campus which houses the Margaret Mitchell House & Museum; and a series of gardens unique in both design and horticultural presentation in the metropolitan area. Atlanta Fulton County Zoo 800 Cherokee Avenue, SE., Atlanta Located in historic Grant Park, minutes from downtown Atlanta and Turner Field, Zoo Atlanta is one of Georgia's most loved institutions. Founded in 1889, it is one of the 10 oldest zoos in continuous operation in the United States. Grant Park is 131 acres of park about 2 miles SW of downtown Atlanta. Half the park is typically what one expects in a park - walking trails, playing fields, old fountains, etc. I spent a couple of hours wandering through the old-growth forest on a Sunday morning before my plane left Atlanta Part of the park is leased to Zoo Atlanta. Zoo Atlanta is a small zoo on 37 acres with some cool animals - an African theme with lowland gorillas, giraffes, black rhinos, etc. As well the Asian exhibit has two giant pandas. Allow a 1/2 day to see everything. Also at Grant Park is the Atlanta Cyclorama - a civil war museum which features a 360 degree painting. You view the painting from a revolving platform while being provided with narration - allow an hour to see it. Centennial Olympic Park 265 Park Ave West N.W., Atlanta, Georgia Less than two decades ago, Centennial Olympic Park's neighborhood was a run-down part of town. That all began to change on the day Atlanta Committee for the Olympic Games CEO Billy Payne gazed out his office window and a brilliant inspiration came to him - to convert a multi-block eyesore into a glorious gathering spot for visitors and residents to enjoy during the 1996 Centennial Olympic Games and for years to come. Atlanta responded to that vision with tremendous support. The estimated $75 million in development costs came entirely from private-sector donations - contributions in the form of commemorative bricks, funds raised by the Metro Atlanta Chamber of Commerce and local philanthropic foundation grants. This community support, coupled with the willingness of the State of Georgia to take the lead in the Park's development and to assume ownership after the Games, transformed a dream into a grand reality - Centennial Olympic Park. Following the Olympic Games, a large portion of the park was closed and redesigned for daily public use. A gala commemoration weekend in March 1998 introduced the newly landscaped Park and its expanded amenities. Today, this unique 21-acre park performs a dual mission: it serves as Georgia's lasting legacy of the Centennial Olympic Games and it anchors efforts to revitalize residential and commercial development in Georgia's capital city of Atlanta.

CNN Studios Atlanta One CNN Center, Atlanta Journey into the heart of CNN Worldwide and get an up-close, in depth look at global news in the making. The Inside CNN Atlanta Studio Tour offers a close look at the world's most trusted name in news and inventor of 24-hour news. Ranked among Atlanta's most popular destinations, Inside CNN Atlanta is a 55-minute guided walking tour offering guests behind-the-scenes views of the studios of CNN and an exciting glimpse of newsgathering and broadcasting in action. Coca Cola World 55 Martin Luther King Jr. Drive, Atlanta, Georgia Visit The World of Coca-Cola Atlanta and trace the history of the world's most popular soft drink. You'll journey more than 100 years into the past and explore the future of the magical story of Coca-Cola. Pass under our landmark neon "spectacular" Coca-Cola sign and find yourself standing in a three-story atrium hung with flags representing over 200 nations & territories where Coca-Cola is available. From there, move at your own pace through the fascinating galleries showcasing the rich heritage and global reach of Coca-Cola. Georgia Aquarium 225 Baker Street, Atlanta Georgia The Georgia Aquarium opened as the World's Largest Aquarium, with 8 million gallons of fresh and marine water, and more than 100,000 animals representing 500 species from around the globe. Among the exhibits, the Cold Water Quest gives you a sense of the rich variety of life found on the cold, ocean floors. Among the marine life you'll see there are the giant Pacific octopus, garibaldi damselfish, and Japanese spider crabs. The Georgia Coast Gallery is an interactive gallery with touch tanks full of horseshoe crabs, sea stars, stingrays, and shrimp. The Georgia Aquarium's 4-D theater features a three-dimensional film, a live actor, and interactive seats. The theater is one of the most advanced in the world, combining digital projection with a high definition 3-D film. But the production is much more than just a 3-D film. Extras: Movies, Educational Presentations, Tours. High Museum of Art 1280 Peachtree Street (at 16th Street), Atlanta, Georgia The High Museum of Art, founded in 1905 as the Atlanta Art Association, is the leading art museum in the Southeastern United States. Located in Atlanta 's Midtown arts and business district, the High has over 11,000 works of art in its permanent collection. The High's first permanent home came in 1926 with the donation by Mrs. Joseph M. High of her family's residence on Peachtree Street. In 1955, the Museum moved to a new brick structure adjacent to the old High house. After 122 Georgia art patrons died in a plane crash on a Museum-sponsored European tour in 1962, the Atlanta Arts Alliance was founded in their memory, and the Atlanta Memorial Arts Center opened in 1968, constructed around the existing Museum. In 1979, Coca-Cola magnate Robert W. Woodruff offered a $7.5 million challenge grant to build a new facility; Museum officials matched and exceeded the grant, generating a total of $20 million. Atlanta’s children broke ground for the new facility in 1981 and the building opened two years later. Martin Luther King Jr. Historic Site This Historic Site consists of several buildings surrounding Martin Luther King, Jr.'s boyhood home on Auburn Avenue in the Sweet Auburn district of Atlanta. Ebenezer Baptist Church, the church where King and his father Martin Luther King, Sr. preached, is also part of the national historic site. The area was designated a National Historic Landmark district on May 5, 1977. The site became a national historic site on October 10, 1980 and is administered by the National Park Service (NPS). In total, the buildings included in the site make up 35 acres (0.14 km²). The visitor center contains a museum that chronicles the American Civil Rights Movement and King's role in the movement. Fire Station No. 6, a firehouse built in 1894, contains a gift shop and an exhibit on desegregation in the Atlanta Fire Department. Annual events surrounding Martin Luther King Day in January typically draw large crowds. Speakers have included Presidents of the United States, national and local politicians, and civil rights leaders. Remembrances are also held on the anniversary of King's April 4, 1968 assassination.

Museum of Design – Georgia 285 Peachtree Center Avenue, Atlanta, Georgia MODA (Museum of Design Atlanta) is the only museum in the southeast devoted exclusively to the study and celebration of all things design. MODA examines how design affects our daily lives through engaging exhibitions, K-12 educational outreach and exciting adult programming. MODA regularly features exhibitions on architecture, industrial and product design, interiors and furniture, graphics, fashion and more. SciTrek – The Science & Technology Museum of Atlanta 395 Piedmont Avenue, Atlanta, Georgia Founded in l988, SciTrek-The Science & Technology Museum of Atlanta is a museum currently housing over 140 permanent exhibits with interactive exhibits clustered in themed areas. With a ranking in the top ten science centers in the nation, SciTrek is Georgia's gem in science and technology adventure. Hands-on exhibitions allow both children and adults the opportunity of exploring in a high tech playground to discover, understand and appreciate the wonders of science, math and technology. Visitors can lift a racecar engine with one hand, freeze their shadows on the wall or listen to someone whisper from 80 feet away! Underground Atlanta 50 Upper Alabama Street, Atlanta, Georgia After the devastation of Atlanta during the Civil War, the city began to rebuild itself around the railroad tracks that brought goods and people to the city. However, by the 1920s, Atlanta had a growing traffic problem. A series of viaducts was built to bridge the railroad tracks and relieve congestion in the downtown area. The viaducts illustrate a dramatic early 20th-century chapter in local transportation and were part of a largely unrealized City Beautiful plan to fashion a Beaux Arts civic center above the railroad. Atlanta continued to grow above these viaducts--and above the original street level of the center city. The ground floors of these buildings, essentially sealed off by the viaducts, reflect the typical architecture of this period. Those that front Alabama, Pryor and Peachtree streets remain the most intact examples. These post-bellum business blocks were abandoned for decades, but were rediscovered and redeveloped as a shopping and entertainment district called Underground Atlanta in the late 1960s and early 1970s. Today they remain a distinct, urban environment. The storefronts along the north side of Alabama Street are the surviving lower portions of buildings that were demolished to make way for the MARTA rapid-rail line. Most of the storefronts in Underground Atlanta date from the late 19th and early 20th centuries, and are generally Victorian in style. Within the district is also the Zero Mile Post, which marked the beginning point of the State-built railroad line that fostered the development of the city.

http://www.cr.nps.gov/nr/travel/atlanta/wes.htm�

SPORTS - ATLANTA

ATLANTA HAWKS - NBA Philips Arena 1 Philips Drive Atlanta, GA 30303 404-878-3000

http://www.nba.com/hawks/

ATLANTA BRAVES - MLB Turner Field Atlanta Braves 755 Hank Aaron Drive, Atlanta, GA 30315 Season and Group Sales: 404-577-9100 Individual Game Sales/Ticketmaster: 404-249-6400 / 1-800-326-4000 Ballpark Tours: 404-614-2310 Merchandise Orders: 1-800-433-BRAVES

http://atlanta.braves.mlb.com

ATLANTA FALCONS - NFL Georgia Dome 4400 Falcon Parkway Flowery Branch, GA 30542 770-965-3115

http://www.atlantafalcons.com ATLANTA THRASHERS - NHL Philips Arena 1 Philips Drive Atlanta, GA 30303 404-878-3000

http://www.atlantathrashers.com/ GEORGIA TECH SPORTS GTAA Ticket Office 150 Bobby Dodd Way, NW Atlanta, GA 30332

http://ramblinwreck.cstv.com/tickets/geot-tickets.html

SPORT VENUE LOCATIONS

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