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11
Environmental Review Environmental Review Process for the Process for the Neighborhood Neighborhood
Stabilization ProgramStabilization Program
24 CFR Part 5824 CFR Part 58
22
Neighborhood Stabilization Neighborhood Stabilization Program Environmental Program Environmental Review RequirementsReview Requirements
Official Welcome:Official Welcome:
Charles Bien, Director, Environmental Charles Bien, Director, Environmental Review DivisionReview Division
33
Environmental TrainingEnvironmental Training
Today’s Instructors:Today’s Instructors:
Linda Poythress, Regional Linda Poythress, Regional Environmental Officer, Atlanta Environmental Officer, Atlanta OfficeOffice
David Blick, Deputy Federal David Blick, Deputy Federal Preservation Officer, Washington, Preservation Officer, Washington, DCDC
44
Goals for the CourseGoals for the Course
When is an ER required?When is an ER required? What is the process? What is the process?
What is qualified documentation?What is qualified documentation? What is the timing?What is the timing?
How can the ER process be How can the ER process be expedited?expedited?
55
Call YourCall YourField Field
Environmental OfficerEnvironmental Officer
First Principle:First Principle:
66
Find more information Find more information on the environmental on the environmental
website:website:
www.HUD.gov/offices/cpd/environment/index.cfmwww.HUD.gov/offices/cpd/environment/index.cfm
Second Principle:Second Principle:
77
The ER process must The ER process must be complete be complete
PRIOR to commitment PRIOR to commitment of fundsof funds
Next Principle:Next Principle:
88
The environmental The environmental review is a study of review is a study of
the sitethe site
One More Principle:One More Principle:
99
Why?Why? Project is Federally FundedProject is Federally Funded
In whole, orIn whole, orIn PartIn Part
Requires Compliance with NEPA and the Laws and Authorities
1010
National Environmental Policy Act
NEPA:•Federal Environmental Policy
•Federal Law
Protect, Restore and Enhance the Human Environment
1111
NEPAShared ResponsibilityShared Responsibility::
The President
The Federal Agencies (RE)
The Courts
1313
NEPA
Environmental Study• Agency Comments • Public Document
Scientific Analysis Relevant Issues
1414
Established the CEQEstablished the CEQ• Exec. Office of the PresidentExec. Office of the President• CEQ Regs 42 CFR 1500CEQ Regs 42 CFR 1500• Agency Regs Consistent Agency Regs Consistent
w/NEPAw/NEPA• Oversees Federal Agencies ERsOversees Federal Agencies ERs• Cooperating AgreementsCooperating Agreements
NEPA
1515
24 CFR Part 58 Procedure for REs
24 CFR Part 51 Hazards 24 CFR Part 55 Floodplains 24 CFR Part 50 HUD Procedure
HUD Regulations
1616
TERMS Activity Project Individual
Action Recipient Responsible
Entity Certifying
Official
Exempt CENST Categorically
Excluded RROF NOI/RROF EA FONSI
1717
Who’s Responsible? --58.4
Grant to a Unit of Local Government
Must assume Part 58 for:• Formula Grants• Neighborhood
Stabilization Grant is a formula grant
1818
Who’s Responsible? --58.4
State Funds Grants to LG
• LG Responsible• RROFs to State
Grants to Others• State Responsible• RROF to HUD
2020
Steps Define the project Aggregate Alternatives Level of Review Conduct Review Publish or Post
When required RROF Receive ATUGF Commit Funds and
Implement Project
2323
Define the ProjectDefine the ProjectActivities:Activities:
HUD FundedPrograms UsedOther FundingTime Frame
Action PlanMaps/location
2424
OverviewOverview
Steps In the Process:Steps In the Process:
Aggregate activites Aggregate activites into projectsinto projects
2525
Aggregation Aggregation 24 CFR Part 58.3224 CFR Part 58.32
A logical way to group A logical way to group activities into projects for activities into projects for
the purpose of environmental the purpose of environmental review.review.
2626
Types of AggregationTypes of Aggregation24 CFR part 58.3224 CFR part 58.32
--Geographic--Geographic
2727
Types of AggregationTypes of Aggregation24 CFR part 58.3224 CFR part 58.32
FunctionalFunctional
GeographicGeographic
2929
OverviewOverview
Steps In the Process:Steps In the Process:
-- Level of Review and -- Level of Review and
Public NoticePublic Notice
3030
Level of ReviewLevel of ReviewFull AssessmentFull Assessment
Categorically Excluded, Categorically Excluded, Subject to 58.5/6Subject to 58.5/6
Categorically Excluded Categorically Excluded NOT Subject to 58.5NOT Subject to 58.5
ExemptExempt
3131
Exempt ActivitiesExempt Activities24 CFR Part 58.34(a)24 CFR Part 58.34(a)
Environmental, planning & design costs Environmental, planning & design costs Information & financial servicesInformation & financial services Administrative/management activitiesAdministrative/management activities Public services (no physical impact)Public services (no physical impact) Inspections Inspections Purchase of tools/insurancePurchase of tools/insurance Technical assistance & trainingTechnical assistance & training Temporary assist. for imminent threats Temporary assist. for imminent threats Payment of principal and interest on HUD Payment of principal and interest on HUD
loanloan
3232
Exempt “Level of Review”Exempt “Level of Review”24 CFR Part 58.3424 CFR Part 58.34
Document determination in Document determination in writingwriting
Document compliance with Document compliance with 58.658.6
SIGN and DATESIGN and DATE No RROF or further approval No RROF or further approval
from HUD or the State is from HUD or the State is requiredrequired
3333
Categorically Excluded Activities not subject to 58.5at 24 CFR Part 58.35(b)
Tenant-based Rental AssistanceSupportive Services (Hsg. Counseling)Operating Costs (maintenance, supplies) ED Costs (non-construction)Down-payment Assistance on ExistingPre-development CostsSupplemental Assistance (NEW to Regs)
3434
Categorically ExcludedNot subject to 58.5
SAME AS EXEMPT::
Document determination in writing
Document compliance with 58.6
SIGN and DATE
No RROF or further approval from HUD or
the State required
3535
Categorically Excluded subject to 58.5
24 CFR Part 58.35(a)(1) Public Facilities:
• Acquisition• Repair• Reconstruction• Improvement
If Facility in place 20% or less change in size or capacity
3636
Categorically Excluded subject to 58.5
24 CFR Part 58.35(a)(2)
Special Projects for removal of:• Material• Architectural Barriers
That restrict mobility and accessibility
3737
Categorically Excluded subject to 58.5
(24 CFR Part 58.35(a)(3(i))Rehabilitation of 1 to 4 family Dwellings
• Density is not > 4 units• Land use is not changed• The site is not in FP• The footprint is not expanded
3838
Categorically Excluded subject to 58.5
24 CFR Part 58.35(a)(3)(ii) Rehab of Multifamily
residential when:• Density is not
changed > 20%• Does not involve
change in land use• Cost is < 75% cost of
replacement
3939
Categorically Excluded subject to 58.5
24 CFR Part 58.35(a)(3)(iii) Rehab of Non-
residential when:• < 20% change
in size and capacity
• does not change land use
4040
Categorically Excluded subject to 58.5
24 CFR Part 58.34(a)(4)1. An individual action on a 1-to-4 familydwelling2. A project of five or more units
more than 2,000 ft apart
developed on scattered sites
4141
Categorically Excluded subject to 58.5
24 CFR Part 58.35(a)(5)
Acquisition or Disposition
Existing Structure or Land IF Structure will be used for
the same use Land will be used for the
same use
4242
Categorically Excluded Clearance
Complete Statutory Checklist
If Compliance is triggered:•Publish/Post NOI/RROF •Wait 7 /10days,•Send RROF to HUD/State •HUD Waits 15 days
4343
Categorically Excluded Clearance
Complete Statutory Checklist If Compliance is NOT triggered:
•Project reverts to exempt•document determination in writing
(58.34(a)(12) and (b))•place all documentation in ERR (sign and date)
4444
Environmental Assessment Activities
24 CFR 58.36
Project Activities that are:• Not Categorically Excluded
See Conditions 58.35(a)• Change in Use• Major Rehab• Increase in size or capacity > 20%• New Const > 4 SF togetherRequire a FULL ASSESSMENT
4545
Environmental Assessment Activities
Greater potential for Impact Always requires a FONSI and
RROF Determines if EIS is required Requires study of alternatives
4646
Environmental Assessment
Requires NEPA study
• Includes the Laws and Authorities at 58.5 and 6
Studies:• Human Environment • Built Environment
4747
Environmental AssessmentClearance
Complete EA Checklist
Make Finding
Publish/Post Combined Notice
Wait 15/18 days
RROF and certifications to HUD)
HUD waits 15 days
4848
Environmental Impact Statement “EIS” 24 CFR Part 58.37
Completed for:
Controversial Projects
Findings of Significant Impacts (FOSI)
Large projects (2,500 or more units)
4949
Overview of Public Overview of Public NotificationNotification
EA: Combined Notice (FONSI and NOI)EA: Combined Notice (FONSI and NOI)CE that “trigger” compliance: NOI/RROF CE that “trigger” compliance: NOI/RROF
onlyonlyCE No Compliance Triggered NoneCE No Compliance Triggered NoneCE Not Subject to 58.5 : NoneCE Not Subject to 58.5 : NoneExempt: NoneExempt: None
5050
Public Comment PeriodsPublic Comment Periods24 CFR part 58.4524 CFR part 58.45
NOI/FONSI - 15 days from NOI/FONSI - 15 days from Publication or 18 days from PostingPublication or 18 days from Posting
NOI - 7 days from Publication orNOI - 7 days from Publication or
10 days from Posting10 days from Posting RE must consider comments prior RE must consider comments prior
to submitting its RROF to HUDto submitting its RROF to HUD
5252
Request for Release of Funds
Certification Indicates:
•ER Complete
•Notice Published
•Local Comment
•Period Complete
•CO Signs
Subject to False Claims Act
5353
RROF Submission Requirements
24 CFR Part 58.71
Signed 7015.15 from CO
Copy of Public Notice
Submit to local HUD
5454
Objections to HUD 24 CFR Part 58.75
Basis for Objections :• 7015.15 not signed by CO• FONSI not written• Omitted Steps (at subpart E)• Committed funds prior to RROF• Another Federal agency objects
5555
Project Description - ScopeDetermination of Level of ReviewCompleted review form - as requiredDocumentation attached FONSI and RROF InformationComments and Responses/AnalysisHUD Removal of Grant ConditionRevisions/changes to original review
Environmental Review Record24 CFR Part 58.38
5656
Funds are committed when:
A legally binding, irrevocable, contract is signed
Limitations on Activities Pending Clearance24 CFR Part 58.22
5757
Limitations on Activities Pending Clearance24 CFR Part 58.22
Conditional Commitment• Subject to the ER• Legally Binding Document• Must prevent commitment by 3rd
party
5858
Upon receipt of application/proposal for funding the RE must provide notice to third party:
24 CFR Part 58.22(a)and(c) Third party cannot commit HUD funds or
any other funds Third party cannot take any choice limiting
action
Limitations on Activities Pending Clearance24 CFR Part 58.22
5959
Options to purchase property are allowed prior to receiving ATUGF if:• Cost is nominal• Site can be rejected based on
environmental finding
Limitations on Activities Pending Clearance
24 CFR Part 58.22 (d)
6060
Tiering 24 CFR Part 58.15
The Tiering process allows:• The ER to be conducted in 2 stages:
The Broad review The Site Specific review
• Allows RROF for the project Multi-year Multi-site
6161
Tiering24 CFR Part 58.15
Requires:• Broad review with documentation• Written strategy • Site specific compliance
Must maintain entire record
6262
Steps for Tiering an ER Steps for Tiering an ER 24 CFR part 58.1524 CFR part 58.15
Define Scope of PROJECT:Define Scope of PROJECT:• Include all activities anticipatedInclude all activities anticipated• Aggregate geographically or Aggregate geographically or
functionallyfunctionallyConduct the Environmental Review Conduct the Environmental Review Develop a WRITTEN strategyDevelop a WRITTEN strategyDevelop an Site Specific ChecklistDevelop an Site Specific ChecklistPublish/Post a Public Notice for ProjectPublish/Post a Public Notice for ProjectReceive ATUGF from HUDReceive ATUGF from HUDConduct a SITE SPECIFIC REVIEW Conduct a SITE SPECIFIC REVIEW Sign, date, place in ERRSign, date, place in ERRCommit funds for the SiteCommit funds for the Site
6363
OverviewOverview
Steps In the Process:Steps In the Process:
--Receive the ATUGF: --Receive the ATUGF: HUD 7015.16 and HUD 7015.16 and ProceedProceed
6767
National Historic Preservation Act (16 U.S.C. 470 et. seq.)
GOALS:
Establish broad agency responsibilities to protect & preserve historic properties (Section 110)
Require agencies to consider effects of their projects on historic properties (Section 106)
6868
What’s an historic property?
Buildings, objects, districts, sites, or structures usually 50+ years old; AND
Listed on or eligible for listing on the National Register of Historic Places
NR Criteria – 36 CFR Part 60.4
6969
Section 106 of NHPA
REQUIREMENTS:
Take into account the effects of your project on historic properties
Afford the Advisory Council on Historic Preservation a reasonable opportunity to comment
7070
What triggers 106? Federal funding, assistance, license,
permit, or approval
Project is defined as an “undertaking”
Project has potential to cause effects to historic properties
7171
Is your project exempt from Section 106?
Refer to §58.34 and § 58.35(b) to see if your project is exempt or categorically excluded not subject to…• If so, then under 106, you may make the
unilateral decision that the project has “no potential to cause effects”
Does an existing Programmatic Agreement exempt your activity?
7272
The Regulation 36 CFR Part 800, “Protection of Historic
Properties”
Establishes a 4-step compliance process
Mandates consultation, not preservation
Agency is the decision-maker
7373
The 4-Step 106 Process
1. Initiate consultation
2. Identify and evaluate historic properties
3. Assess effects
4. Resolve adverse effects
7474
1. Initiate Consultation Is the project an undertaking? Is it exempt or CENST?
• §58.34 or §58.35(b)• Programmatic Agreement
Which SHPO/THPO do you contact? What other stakeholders should be
contacted? How will you involve the public?
7575
2. Identify historic properties Define “area of potential effect” Gather existing information from
knowledgeable sources Contact stakeholders for any new info Evaluate NR eligibility Submit finding of “no historic properties
affected” or move to next step• Include supporting documentation
7676
3. Assess Effects
Apply criteria of adverse effect• See §800.5(a)(1)
Consult with SHPO/THPO and stakeholders, the public
Submit finding of “no adverse effect” or go to next step• Include supporting documentation
7777
4. Resolve Adverse Effects
Notify ACHP of adverse effect Continue consultation with stakeholders Involve the public Consider ways to avoid or minimize
effects by modifying the project Negotiate mitigation to offset adverse
effects Execute Memorandum of Agreement
7878
Expediting & Streamlining Section 106
Use §800.3(g) when appropriate• Combine findings into 1 submission to
SHPO and stakeholders
Use a Programmatic Agreement (§800.14(b))• Tailors compliance to meet needs of your
program/activities• Reduces SHPO review time• Allows you to make decisions without SHPO
7979
HUD Guidance Available HUD Historic Preservation website:
• http://www.hud.gov/offices/cpd/environment/ review/historic.cfm
CDBG Pamphlet, “Preserving America” 106 “Toolkit” for Neighborhood
Stabilization programs & activities• Helpful tips and guidance• Sample correspondence• Sample Programmatic Agreement
8181
Floodplain ManagementEO 11988 & 24 CFR Part 55
Goal: AVOID development in Floodplain
• Unless there is No Alternative
• Requires 8 Step Process (Part 55.20)
• Written analysis
• 2 Public notices
• Comment 15 and 7 days
8282
Floodplain24 CFR Part 55.12
Exceptions: Acquisition of existing 1 to 4 family
dwellings Minor repairs to 1 to 4 family dwellings Incidental portion in FP (conditions) Projects with LOMA or LOMR Avoid the FP – reject the site
8383
Floodplain 24 CFR Part 55
Is the building or construction in the 100 yr Floodplain?
• If Yes, compliance time increased costs are increased flood insurance required:
Grant: Economic life Loan: Life of loan
8484
The 8-Step Process What are the Steps::The 8-Step Process What are the Steps::
1. Is the site in the FP/WL?2. Early Public Notice3. Evaluate Alternatives4. Identify Impacts5. Minimize Impacts6. Reevaluate Alternatives7. Publish Final Notice8. Proceed and Mitigate
8585
Streamlining Floodplain24 CFR Part 55.25
Area-wide Compliance: Invite agencies with knowledge
to participate - scoping Requires development and
publication of strategy (2 notices) Determines mitigation for actions Expires in 10 years
8787
Wetlands - EO 11990
Exceptions: Rehabilitation Acquisition of Existing Other projects without soil
disturbance Wetland on site but avoided
8888
Wetlands – EO 11990
Identification Step 1: Review Documentation:
• National Wetlands Inventory Map• Soil Surveys• USGS Topographic Maps• Aerial Photographs
8989
Wetlands – EO 11990Identification
Step 2: Onsite observation:• Plants• Soil • Water indicators
e.g. Drainage patterns
9090
Wetlands – EO 11990
If the site is in a Wetland the ER must contain:
Alternatives analysis Mitigation Proof of Public Notice
9191
Laws and Authorities 58.5
Historic Preservation Floodplain & Wetlands HUD Environmental Standards
• Noise• Above Ground Storage
Tanks• Clearzones• Toxics
9292
24 CFR Part 51
Subpart A: General Provisions Subpart B: Noise Abatement and
Control Subpart C: Above Ground Storage
Tanks with Flammable Liquids and Gases
Subpart D: Airport Clear zones 24 CFR Part 58.5(i) Toxics
9494
HUD Noise Standards24 CFR Part 51 (b)
Exceptions: Acquisition of existing structures
without rehab Uses that are not noise sensitive
9595
HUD’s Noise Standards24 CFR Part 51(b)
HUD’s Noise Standards24 CFR Part 51(b)
Acceptable: Less than 65 DNL
Normally Unacceptable: 65 -75 DNL
Unacceptable: greater than 75 DNL
Determined by exterior noise levels
Interior Goal is 45 DNL
9696
HUD Noise Standards24 CFR Part 51 (b)
When is the calculation required?Is the site: 1000 feet from highway 3,000 feet from a Railroad 15 miles from a civil airport or military
airport
9898
Acquisition of existing single family homes, multifamily developments, other structures
Rehabilitation with out expansion
Because the number of persons exposed to is not increased
Exceptions:
Above Ground Storage Tanks24 CFR Part 51 (C)
9999
Above Ground Storage TanksAbove Ground Storage Tanks24 CFR Part 51 (C)24 CFR Part 51 (C)
UndergroundUndergroundStorage TanksStorage Tanks
High PressurePipelines
Natural gas holdersNatural gas holdersWith Floating TopsWith Floating Tops
Mobile tanks en routeMobile tanks en route
Exceptions:
100100
Above Ground Storage Tanks24 CFR Part 51 (C)
1. size of the tank2. contents3. liquid or gas4. pressurized/ not under pressure5. distance from project site6. Is the tank diked or undiked?
Collect the following Information:
101101
Above Ground Storage TanksAbove Ground Storage Tanks24 CFR Part 51 (C)24 CFR Part 51 (C)
Use the Chart on Page 51 and 52 Use the Chart on Page 51 and 52 of the guide book to calculate the ASDof the guide book to calculate the ASD
ASDASD
HUD HUD assisted assisted ProjectProject
StationeryStationeryAbove Above Ground Ground
Storage TankStorage Tank
DistanceDistance
102102
Mitigation OptionsMitigation Options Bury the assessed tankBury the assessed tank Move the building outside Move the building outside
the ASD the ASD
(exterior uses must also be (exterior uses must also be mitigated)mitigated)
Modify the building design Modify the building design Choose another siteChoose another site Design and implement a barrierDesign and implement a barrier
103103
Airport Clear ZonesAirport Clear Zones24 CFR 24 CFR Part 51 Subpart DPart 51 Subpart D
Policy:Policy:To To avoidavoid provision of HUD funds for provision of HUD funds for
projects that are occupied or projects that are occupied or frequently used by peoplefrequently used by people
Exceptions:Exceptions:Purchase of existing with notice and Purchase of existing with notice and
written statement by airport operator written statement by airport operator of no planned expansion or buy out of no planned expansion or buy out planned for the site planned for the site
104104
Airport Clear ZonesAirport Clear ZonesPart 51 Subpart DPart 51 Subpart D
Prohibits use frequented by people for:Prohibits use frequented by people for:• No New ConstructionNo New Construction• No major rehab >75%No major rehab >75%• No increase in densityNo increase in density• No purchase of land for No purchase of land for
developmentdevelopment
106106
Is there an airport in 1 mile of the site? Is there an airport in 1 mile of the site? If no, document the file with a mapIf no, document the file with a mapIf yes:If yes:Obtain:Obtain:
• Civil: “Airport Layout Plan”Civil: “Airport Layout Plan”• Military: “AICUZ”Military: “AICUZ”
To determine:To determine:• Civil: Runway Clear ZoneCivil: Runway Clear Zone• Military: Military:
Clearzone and Clearzone and Accident Potential ZoneAccident Potential Zone
Airport Clear ZonesAirport Clear Zones24 CFR Part 51 Subpart D24 CFR Part 51 Subpart D
Airport Clear ZonesAirport Clear Zones24 CFR Part 51 Subpart D24 CFR Part 51 Subpart D
107107
Airport Clear ZonesAirport Clear ZonesPart 51 Subpart DPart 51 Subpart D
When is an impact review required?When is an impact review required? When the project site is located at When the project site is located at
the end of a runway:the end of a runway:• civil airport: 2,500 feet civil airport: 2,500 feet • military airport: 15,000 feetmilitary airport: 15,000 feet
If Yes,If Yes,ER must contain written ER must contain written
determination by airport operator determination by airport operator stating site in or out of Clearzonestating site in or out of Clearzone
108108
Airport Clear ZonesAirport Clear ZonesPart 51 Subpart DPart 51 Subpart D
Airport Clear ZonesAirport Clear ZonesPart 51 Subpart DPart 51 Subpart D
Leasing, purchase or sale in Clear Zone or Leasing, purchase or sale in Clear Zone or APZAPZ
Requires NoticeRequires Notice see HUD website for a copysee HUD website for a copy
Notice
Signature
109109
ToxicsToxics24 CFR Part 58.5(i)24 CFR Part 58.5(i)
Must determine site is :Must determine site is :• free of hazards, contaminationfree of hazards, contamination
toxic chemicals, gas and toxic chemicals, gas and radioactive materialsradioactive materials
• that could affect:that could affect: health and safety of health and safety of
occupants, and/oroccupants, and/or conflict with use of propertyconflict with use of property
110110
ToxicsToxics
24 CFR Part 58.5(i) 24 CFR Part 58.5(i)
Emphasis on sites with likely Emphasis on sites with likely hazards: hazards: • LandfillsLandfills• DumpsDumps• Industrial sitesIndustrial sites• Gas stationsGas stations• SubstationsSubstations
111111
ToxicsToxics24 CFR Part 58.5(i)24 CFR Part 58.5(i)
Very Few Exceptions:Very Few Exceptions: Phase I: Environmental Site Phase I: Environmental Site
Assessment ASTM standards do not Assessment ASTM standards do not apply to single family but HUD apply to single family but HUD regulations do applyregulations do apply
However, all HUD funded projects must However, all HUD funded projects must be free from hazards that could affect be free from hazards that could affect the health and safety of the residents the health and safety of the residents or conflict with the intended use of the or conflict with the intended use of the propertyproperty
112112
ToxicsToxics24 CFR Part 58.5(i)(2)24 CFR Part 58.5(i)(2)
i.i. Site must be free of hazardsSite must be free of hazards
ii.ii. Multifamily or nonresidential Multifamily or nonresidential must study previous usemust study previous use
iii.iii. Emphasis on sites with known Emphasis on sites with known hazardshazards
iv.iv. Current techniques by qualified Current techniques by qualified professionalsprofessionals
113113
Laws and Authorities 58.5Laws and Authorities 58.5 Historic PreservationHistoric Preservation Floodplain & WetlandsFloodplain & Wetlands HUD Env. StandardsHUD Env. Standards AquifersAquifers
114114
Sole Source AquifersSole Source Aquifers24 CFR Part 58.5(d)24 CFR Part 58.5(d)
Goal:Goal:To preserve To preserve
and and conserve the conserve the
only only source of source of water for a water for a communitycommunity..
115115
Sole Source AquifersSole Source Aquifers
Exceptions:Exceptions: Acquisition of Acquisition of
structures with no structures with no change in usechange in use
Rehab of existing Rehab of existing structuresstructures
States and areas States and areas with out sole source with out sole source aquifersaquifers
116116
Sole Source AquifersSole Source Aquifers
Generally applies to:Generally applies to: New ConstructionNew Construction Change of useChange of use Acquisition of Acquisition of
vacant land for vacant land for developmentdevelopment
117117
Laws and Authorities 58.5Laws and Authorities 58.5
Historic PreservationHistoric Preservation Floodplain & WetlandsFloodplain & Wetlands HUD Env. StandardsHUD Env. Standards AquifersAquifers Endangered SpeciesEndangered Species
118118
Endangered Species ActEndangered Species Act
Goal: Conserve federally threatened Goal: Conserve federally threatened and endangered species and endangered species
and their habitats.and their habitats.
119119
Endangered Species ActEndangered Species Act
Exceptions:Exceptions: Building acquisition;Building acquisition; Rehabilitation;Rehabilitation; Reconstruction w/in existing footprint;Reconstruction w/in existing footprint; Demolition;Demolition; Other projects w/out soil disturbance, Other projects w/out soil disturbance,
vegetation removal or excessive noise.vegetation removal or excessive noise.
120120
Endangered Species ActEndangered Species Act
Step 1: Consult with USFWS:Step 1: Consult with USFWS:• Species known from county Species known from county
(parish)(parish)• Species known from project Species known from project
watershed (aquatics)watershed (aquatics) If no – “No Effect”If no – “No Effect”
121121
Endangered Species ActEndangered Species Act
Step 2: Species in community:Step 2: Species in community:• Basic habitat (e.g. forest, Basic habitat (e.g. forest,
field)field)• Staff survey (obvious Staff survey (obvious
habitat absence)habitat absence)• Professional surveyProfessional survey
No habitat – “No Effect”No habitat – “No Effect” Habitat, no species – “Not Habitat, no species – “Not
likely to adversely affect”.likely to adversely affect”.
122122
Endangered Species ActEndangered Species Act
Likely to Adversely Affect:Likely to Adversely Affect: Biological Assessment Biological Assessment Biological Opinion:Biological Opinion:
•Alternatives &Alternatives &•MeasuresMeasures
123123
Laws and Authorities 58.5Laws and Authorities 58.5
Historic PreservationHistoric Preservation Floodplain & WetlandsFloodplain & Wetlands HUD Env. StandardsHUD Env. Standards AquifersAquifers Endangered SpeciesEndangered Species RiversRivers
124124
http://www.rivers.gov/http://www.rivers.gov/
wildriverslist.htmlwildriverslist.html
To identify Wild and Scenic To identify Wild and Scenic RiversRivers
Wild and Scenic Rivers ActWild and Scenic Rivers Act24 CFR Part 58.5(f)24 CFR Part 58.5(f)
125125
Wild and Scenic RiversWild and Scenic Rivers
Exceptions:Exceptions:
Acquisition of existing Acquisition of existing structuresstructures
Rehabilitation of existing Rehabilitation of existing structuresstructures
126126
Wild and Scenic RiversWild and Scenic Rivers
Applies to designated riversApplies to designated rivers Study within 1 mile of siteStudy within 1 mile of site For:For:
• new constructionnew construction• change of use, change of use, • major rehab and major rehab and • acquisition of landacquisition of land
127127
Laws and Authorities 58.5Laws and Authorities 58.5
Historic PreservationHistoric Preservation Floodplain & WetlandsFloodplain & Wetlands HUD Env. StandardsHUD Env. Standards AquifersAquifers Endangered SpeciesEndangered Species RiversRivers AirAir
128128
Air Quality Air Quality 24 CFR Part 58.5(g)24 CFR Part 58.5(g)
• Is the site in a Non -Is the site in a Non -
attainment Area?attainment Area?
• Local Requirements on Local Requirements on
SIP?SIP?
• Will Project impact?Will Project impact?
129129
Exceptions:Exceptions:Exceptions:Exceptions:
Actions outside non-attainment Actions outside non-attainment areas areas
Emission levels below Emission levels below de minmusde minmus levellevel
Rehabilitation activitiesRehabilitation activities Acquisition for continued useAcquisition for continued use Land banking (required when site Land banking (required when site
is developed)is developed)
Air Quality 24 CFR Part 58.5(g)
Air Quality 24 CFR Part 58.5(g)
130130
Additional Issues:Additional Issues:Additional Issues:Additional Issues:
Demolition and RehabDemolition and Rehab• Comply with EPA and State Comply with EPA and State
Laws (emissions, asbestos & Laws (emissions, asbestos & lead)lead)
Project proximity to other Project proximity to other sources such as:sources such as:• Stack emissionsStack emissions• RoadsRoads
Air Quality 24 CFR Part 58.5(g)
Air Quality 24 CFR Part 58.5(g)
131131
Laws and Authorities 58.5Laws and Authorities 58.5
Historic PreservationHistoric Preservation Floodplain & WetlandsFloodplain & Wetlands HUD Env. StadardsHUD Env. Stadards AquifersAquifers Endangered SpeciesEndangered Species RiversRivers AirAir FarmlandsFarmlands
132132
Farmlands Protection ActFarmlands Protection Act24 CFR Part 58.5(h)24 CFR Part 58.5(h)
Farmlands Protection ActFarmlands Protection Act24 CFR Part 58.5(h)24 CFR Part 58.5(h)
Avoid impact to farmlands designated as :
•Prime
• Unique
• State or Local Importance
133133
Exceptions:Exceptions: Rehabilitation of existing Rehabilitation of existing
buildingsbuildings Acquisition of existing Acquisition of existing
buildingsbuildings
Farmlands Protection ActFarmlands Protection ActFarmlands Protection ActFarmlands Protection Act
134134
Applies to:Applies to: New constructionNew construction Land acquisitionLand acquisition
Outside Urban areasOutside Urban areas
Farmlands Protection ActFarmlands Protection ActFarmlands Protection ActFarmlands Protection Act
135135
Farmlands Protection ActFarmlands Protection ActFarmlands Protection ActFarmlands Protection Act
If outside an urban area:If outside an urban area:
Consult “Important Consult “Important Farmland Map”Farmland Map”
from NRCS;USDOA from NRCS;USDOA
www.nrcs.usda.gov/technical/NRI/maps/meta/m5970.html
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Farmlands Protection ActFarmlands Protection ActFarmlands Protection ActFarmlands Protection Act
If site is indicated on map:If site is indicated on map: conduct analysis using form conduct analysis using form
AD1006AD1006• If it meets threshold, contact If it meets threshold, contact
NRCSNRCS
137137
Laws and Authorities 58.5Laws and Authorities 58.5 Historic PreservationHistoric Preservation Floodplain & Floodplain &
WetlandsWetlands HUD Env. StandardsHUD Env. Standards AquifersAquifers Endangered SpeciesEndangered Species RiversRivers AirAir Farmlands Farmlands Coastal ZoneCoastal Zone
138138
Coastal ZonesCoastal Zones24 CFR Part 58.5(c)24 CFR Part 58.5(c)
Coastal zone managementCoastal zone management Exceptions:Exceptions:
Rehabilitation of Rehabilitation of structuresstructures
Acquisition of existing Acquisition of existing structuresstructures
139139
Coastal ZonesCoastal Zones24 CFR Part 58.5(c)24 CFR Part 58.5(c)
Applies to:Applies to: New constructionNew construction Conversion of land useConversion of land use Major RehabilitationMajor Rehabilitation Acquisition of Acquisition of undeveloped landundeveloped land
140140
Coastal Zones Coastal Zones 24 CFR Part 58.5(c)24 CFR Part 58.5(c)
AvoidAvoid If not,If not,
• Increased compliance timeIncreased compliance time• Obtain letter indicating Obtain letter indicating
project is Consistent with project is Consistent with State Coastal Zone State Coastal Zone Management PlanManagement Plan
141141
Laws and Authorities 58.5Laws and Authorities 58.5
Historic PreservationHistoric Preservation Floodplain & WetlandsFloodplain & Wetlands Coastal ZoneCoastal Zone AquifersAquifers Endangered SpeciesEndangered Species RiversRivers AirAir FarmlandsFarmlands HUD Env. StandardsHUD Env. Standards Environmental JusticeEnvironmental Justice
142142
Environmental JusticeEnvironmental Justice24 CFR Part 58.5(j)24 CFR Part 58.5(j)
EO 12898EO 12898 Addresses:Addresses:
• Disproportionate impact: Disproportionate impact: adverse effects on human healthadverse effects on human health environmental effectsenvironmental effects to low income and minority to low income and minority
populationspopulations
143143
Environmental JusticeEnvironmental Justice
Exceptions:Exceptions:
Projects without Projects without adverse health adverse health effectseffects
144144
Environmental JusticeEnvironmental JusticeE.O. 12898E.O. 12898
Environmental JusticeEnvironmental JusticeE.O. 12898E.O. 12898
Is there an environmental impact Is there an environmental impact or condition:or condition:• If yes, does the condition If yes, does the condition
disproportionately affect: disproportionately affect: Low IncomeLow IncomeMinorityMinority
145145
Environmental JusticeEnvironmental JusticeApplies to:Applies to:
Disproportionate impact Disproportionate impact to low income and to low income and minority for:minority for:
Acquisition of existing Acquisition of existing housinghousing
Acquisition land for Acquisition land for developmentdevelopment
New ConstructionNew Construction
148148
Laws and Authorities 58.6Laws and Authorities 58.6OTHEROTHER
Clear Zone Clear Zone noticenotice
Flood Insurance
Coastal Barrier
149149
Flood InsuranceFlood Insurance
Purchase of Flood Purchase of Flood Insurance is Insurance is
mandatorymandatory for for properties assisted properties assisted with HUD funds & with HUD funds &
located in the located in the Special Flood Special Flood
Hazard Area (SFHA) Hazard Area (SFHA) 100 year flood 100 year flood
plainplain
150150
Flood Insurance Flood Insurance How Much – How long?How Much – How long?
Grants:Grants: Life of the propertyLife of the property
* Even if title is transferred* Even if title is transferred Amount of the Amount of the projectproject cost costLoans:Loans: Life of the LoanLife of the Loan Amount of the LoanAmount of the Loan
151151
Flood InsuranceFlood InsuranceExceptionsExceptions
Formula Grants to StateFormula Grants to State State Owned PropertyState Owned Property Loans of < $5,000 repaid in 1 yearLoans of < $5,000 repaid in 1 year Leasing without rehab, acquisition or Leasing without rehab, acquisition or
improvementsimprovements Maintenance – Maintenance – very limitedvery limited NOT Rehab NOT Rehab
• See maintenance memo from you FEOSee maintenance memo from you FEO
152152
Coastal BarriersCoastal BarriersCoastal Barrier Resources ActCoastal Barrier Resources Act
Coastal BarriersCoastal BarriersCoastal Barrier Resources ActCoastal Barrier Resources Act
Prohibits Prohibits Federal funding Federal funding for projects in for projects in
coastal barrierscoastal barriers..
Consult DOI MapsConsult DOI Maps
153153
Coastal Barrier ResourcesCoastal Barrier Resources Designated by:Designated by:
• US Fish and WildlifeUS Fish and Wildlife• Coastal Barrier Maps and FEMA MapsCoastal Barrier Maps and FEMA Maps
Administered by:Administered by:• NOAA with local CZM AgenciesNOAA with local CZM Agencies
Covers:Covers:• Gulf of MexicoGulf of Mexico• AtlanticAtlantic• Great LakesGreat Lakes