FY 2016 Grantee Workshop

Consultants/Engineers

24 CFR Part 58

Current regulations became effective October

29, 2003

Each LCDBG Program participant must implement

their program in compliance with the National

Environmental Policy Act of 1969 (NEPA) and

other applicable federal environmental laws.

The grantee’s Chief Elected Official will

assume overall responsibility for the

environmental review process.

The CEO must sign all certifications, memos,

letters to Indian Tribes, and findings.

Start the process by completing the Statutory

Worksheet.

Do not publish the Notice of Intent to

Request Release of Funds or the Combined

Notice until OCD has issued permission to do

so.

All contract conditions must be cleared

within 5 months of the date of your

Authorization to Incur Costs letter (for these

2016 grantees this date is March 7, 2017)

The ERR should be received by the State

within 4 months of this date to ensure the

State has sufficient time to review the

document for completeness and allow time

for any needed revisions prior to OCD issuing

permission to publish appropriate notice.

For all projects, especially economic

development projects involving loans and/or

infrastructure grants, particular attention

must be given to 24 CFR Part 58.32 –

Project Aggregation.

All activities must be environmentally

cleared including those funded by private

funds.

Neither a grantee nor any participant,

including public or private nonprofit or for-

profit entities or any of their contractors

may commit LCDBG/HUD funds or non-

LCDBG/HUD (private funds) funds or

undertake an activity or project until the

State has approved the recipient’s Request

for Release of Funds. (24 CFR Part 58.22)

This regulation is triggered at the time of the

grantee’s application being submitted to the

State.

Exempt

Categorically Excluded Not Subject to 58.5 –

58.35 (b)

Categorically Excluded Activities Subject to

58.5 – 58.35 (a)

Activities Requiring an Environmental

Assessment 58.36

Environmental Impact Statement – 58.37

Activities that are “exempt” from environmental

review requirements of NEPA and the other

applicable federal laws include:

environmental studies

project planning

administrative costs

project engineering and design costs for a proposed

eligible activity

public services which will not result in any physical

changes

assistance for temporary or permanent improvements

that do not alter environmental conditions and are

limited to protection, repair or restoration activities

necessary only to control or arrest the effects from

disasters, imminent threats or physical deterioration

For projects determined to be

exempt, the grantee does NOT have

to submit the Request for Release of

Funds and Certification form;

however all other contract conditions

listed in the LCDBG contract must be

cleared prior to the release of funds.

Activities that would not alter any conditions

that would require a review under 58.5

include:

supportive services

equipment (such as fire trucks)

economic development activities not associated

with construction

activities to assist homebuyers that result in the

transfer of title

Activities that are “categorically excluded”

from the environmental review requirements

of NEPA, but must comply with the

environmental requirements of other federal

laws listed in 58.5 include:

acquisition, repair improvement, reconstruction,

or rehabilitation of public facilities and

improvements when the facilities and

improvements are in place and will be retained

in the same use without change in size or

capacity of more than 20 percent - See part

58.35 (a)(1)

“Categorically Excluded” Activities continued: special projects for removal of material and

architectural barriers – See Part 58.35 (a)(2)

an individual action (rehab) on a one-to-four family dwelling or on a project of five or more units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four units on any one site – See Part 58.35 (a)(4)

Acquisition or disposition of an existing structure or acquisition of vacant land provided that the structure or land will be retained for the same use – See Part 58.35 (a)(5)

OCD suggests that Grantees consult

with an OCD ERR reviewer when

determining that a project can be

considered as a categorically

excluded project.

Activities that are neither exempt or

categorically excluded, an environmental

assessment is required which documents

compliance with NEPA and with the

environmental requirements of other federal

laws.

If your project scope or site must change in order to complete the originally approved project, then you MUST revised your original ERR.

All compliance areas must be reconsidered and all applicable agencies must be contacted.

If an E.A. level project’s determinations remain the same, then the revised ERR must be submitted with updated compliance information and no further publication of a FONSI is required.

If determinations or project location change and/or new activities are added, then a new FONSI must be published.

Not starting the process

with the completion of

the Statutory

Worksheet.

Statutory Worksheet and Statutory Checklist

answers do not match.

Questions on the Statutory Worksheet are

answered beyond what is required.

No documentation included in the ERR to

support determinations.

All sections not completed.

Maps

Not all submitted as required

Project area and/or improvements (for site specific ERRs) are not clearly marked on the maps.

Project area and/or improvements marked on maps do not agree.

Project Description

Does not list whether the ERR is site specific or not.

Does not address all proposed activities.

Requests for Comment

Include copy of entire package submitted to agencies for comment. If same package is submitted to each agency, then one copy of enclosures is sufficient.

8 Step Process

Not conducted when needed. Corps of

Engineers response must indicate that no

jurisdictional wetlands are in the area.

Does not discuss alternatives to the

proposed project. Must include the no

action alternative.

Publications do not indicate if the 8 Step is

for floodplains, wetlands, or both.

Must contact SHPO

Must contact all tribes listed on the TDAT and

include printout with the ERR.

Letters must be sent to all contacts listed,

even if there is more than one contact listed

for the same tribe.

Letters must be sent to the Tribes on the

local government’s letterhead and signed by

the local government CEO.

30 day response time for Tribes is based on

receipt of the letter

Must include copies of all pertinent

floodplain maps with the locations of the

projects marked on the map.

If a project involves work to be completed in

a floodway, you must contact OCD

immediately.

According to the Statutory Worksheet, the

E.O. 11990 applies to new construction, land

use conversion, major rehabilitation, and/or

substantial improvements.

Wetlands Inventory map must be included

and area to be cleared must be indicated on

the map.

USACE letter must state that wetlands do not

exist in the area. Statement that wetlands

will not be impacted is not sufficient.

DNR/Office of Coastal Management must be

contacted regarding projects that are in the

Coastal Zone, near the Coastal Zone

boundary, or may involve discharges into

waters that flow into the Coastal Zone.

OCM has a specific process that must be used

when requesting a determination regarding

the need to obtain a Coastal Use Permit or

other authorization from OCD.

Applies to projects that involve new

construction or land use conversion.

ERR must contain map of the aquifers with

location of the project clearly marked.

If the project involves street rehabilitation that will not cause additional ground disturbance, then the Grantee (not engineer or consultant) may make the determination that consultation is not necessary.

Any other projects, the Grantee is required to determine if contact with the cognizant agency is necessary. Visit www.fws.gov/lafayette and follow directions on page 26 of the Grantee Handbook to obtain this information. If the site does not work, contact US Fish and Wildlife and request assistance.

Applies to projects that involve new construction or substantial improvements.

Grantee must determine if the project is located within 1 mile of a designated Wild & Scenic River, or a river being studied as a potential component of the Wild & Scenic River system. If so, a determination from the National Park Service must be obtained.

Projects that are within 1 mile of a river included in the Nationwide River Inventory, consultation with the NPS is required to identify and eliminate direct and adverse effects.

Documentation supporting the finding regarding proximity to these areas must be included in the ERR.

Applies to projects including new

construction or substantial improvements

If the project is in a non-attainment zone,

the Grantee must obtain a letter of

consistency indicating the project is

consistent with the State Implementation

Plan. If the project is not consistent with

the SIP, then the Grantee must contact EPA

to determine if a permit is required.

All permits required

(except the Section 404)

must be obtained prior

submittal to OCD for

review.

Permission to publish these notices must be

received within 5 months of the date of the

AIC letter.

All required permits or mitigation measures

must be included in the notice.

Findings of the 8 Step Process, if completed,

must be summarized and included in the

notice.

Comment Periods - The following is an example

of dates for the “Notice of Intent to Request

Release of Funds”:

Publication Posted

Notice of Intent Date 06/04/XX (7 days) 06/04/xx (10 days)

Date of “Request for

Release of Funds and

Certification”

06/12/xx 06/15/xx

Date ERR and request

for funds mailed to

State

06/12/xx 06/15/xx

ERR received by State 06/14/xx 06/17/xx

State’s 15-day Public

Comment Period

06/15/xx to 06/29/xx 06/18/xx to 07/02/xx

Comment Periods - The following is an

example of dates for the “Combined

Notice”:Publication Posted

“Combined Notice”

Date

06/04/xx (15 days) 06/04/xx (18 days)

Date of “Request for

Release of Funds and

Certification”

06/20/xx 06/23/xx

Date ERR and request

for funds mailed to

State

06/20/xx 06/23/xx

ERR received by State 06/22/xx 06/25/xx

State’s 15-day Public

Comment Period

06/23/xx to 07/07/xx 06/26/xx to 07/10/xx

Cory Williams

Heather Paul

Jimmy Martin

Traci Watts