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Welcome to the 2005 CDBG Environmental Training

Learn about the statutory and regulatory structure of CDBG, HOME, and NAHTF environmental review, including the National Environmental Policy Act and HUD regulations. Understand the limitations on activities prior to clearance and the responsibilities of certifying officers. Discover the levels of review, including exempt activities and categorically excluded activities subject to laws and authorities.

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Welcome to the 2005 CDBG Environmental Training

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  1. Welcome to the 2005CDBG Environmental Training CDBG, HOME & NAHTF

  2. Environmental ReviewTraining – WHY?? CDBG, HOME & NAHTF

  3. Statutory & Regulatory Structure • National Environmental Policy Act • Related Laws & Authorities at 58.5 • HUD Regulations 24 CFR Part 58 • www.hud.gov/offices/cpd/energyenvironment/index.cfm

  4. Limitation on Activities Prior to Clearance 58.22(a) • Neither a recipient nor any participant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD or non-HUD funds if an activity would have an adverse environmental impact or limit the choice of reasonable alternatives.

  5. Limitation on Activities Prior to Clearance 58.22(a) • Choice-limiting actions include real property acquisition, leasing, demolition, rehabilitation, construction and site improvements • Do not take action until environmental compliance is achieved

  6. Responsibility/Certifying Officer • For local government grantees – local government is responsible entity and as part of grant agreement the Chief Elected Official of jurisdiction assumes responsibility for review, decision making and certifications • For organization receiving HOME funds – DED is responsible entity and Gary Hamer is “certifying officer”

  7. Project Description • Gather information on project and types of activities for which CDBG and non-CDBG funds are being expended, location(s), current and intended use of site, anticipated duration of activity • Must group together/evaluate as a single project all activities related either on a geographical or functional basis or are logical parts of a composite of contemplated actions (58.32)

  8. Environmental Review Record • Written record of review • Must be available for public inspection • Must contain description of project and each activity, maps, photographs, site plans, correspondence, studies, public notices, written determinations of findings, decision making and action, RROF/Certification, Release of Funds

  9. Environmental Review Record • Cooperate with other agencies to reduce duplication • If available, obtain copy of other agency records, review and analyze contents for compliance with HUD requirements and supplement if necessary (especially airport/noise/explosive hazards), be responsible for written finding, publication, RROF and Certification requirements

  10. Conducting the Review

  11. Levels of Review • 58.34 Exempt • 58.35(b) Categorically Excluded Not Subject To laws and authorities at 58.5 • 58.35(a) Categorically Excluded Subject To laws and authorities at 58.5 • 58.36 Environmental Assessment • 58.37 Environmental Impact Statement

  12. 58.34 Exempt Activities • Projects consisting entirely of activities that will not have a physical impact or result in any physical changes • Exempt = exempt from NEPA and other related Federal laws and authorities at 58.5

  13. Exempt ActivitiesExamples • Environmental studies • Financial information, administrative, or management services • Training and technical assistance • Engineering or design costs • Planning • Purchase of services/items (tools) • Public services w/no physical impact

  14. Processing Exempt Activities • Complete Determination of Level of Review (Attachment 5) • Describe project activities • Cite applicable reference in 24 CFR 58.34 • File Determination in ERR and submit copy to DED • Obtain Release of Funds letter from DED • No public notice or RROF/Certification needed

  15. 58.35(b) Categorically Excluded from NEPA and Not Subject To 58.5 • HUD has determined that certain activities would not alter any conditions requiring compliance under Federal laws and Authorities cited at 58.5 • Complete Statutory Checklist (attachment 3 part 1) to make sure there are no extraordinary circumstances and conditions

  16. CatEx Not Subject To 58.5 Laws Examples • Homeownership assistance for existing dwelling units or units under construction (i.e. closing costs, dpa) • Affordable housing pre-development costs with no physical impact • Economic Development Activities not associated with construction or expansion of existing operations (i.e. equipment purchase, operating expenses, etc.)

  17. Processing CatEx Not Subject To 58.5 • If no extraordinary conditions… • Complete Determination of Level of Review • Complete Statutory Checklist to determine compliance with 58.6 (flood insurance, coastal barriers, airport clear zones) • Submit copy of Determination & Checklist to DED • Obtain Release of Funds letter from DED • No public notice or RROF/Certification needed

  18. 58.35(a) Categorically Excluded from NEPA and Subject To 58.5 Laws • Activities that do not require an Environmental Assessment under NEPA—except in extraordinary circumstances • Compliance with related Federal laws and authorities (58.5) required

  19. CatEx Subject To 58.5 LawsExamples • Acquisition/Rehabilitation of public facilities and improvements (other than buildings) when • Facilities are in place • Same use • No more than 20% change in size or capacity • Special projects for removal of barriers that restrict mobility and accessibility

  20. CatEx Subject To 58.5 LawsExamples • Rehab of buildings and improvements when • No more than 20% unit density change for residential buildings or in size or capacity change in non-residential buildings • No land use change • For residential buildings, the cost of rehab <75% of replacement cost

  21. CatEx Subject To 58.5 LawsExamples • Individual action on 1-4 family dwelling • Individual action on 5 or more units • More than 2,000 feet apart • No more than 4 single family units on any site • Acquisition or disposition of an existing structure or vacant land, provided it will remain in the same use

  22. Processing CatEx Subject To 58.5 Laws • Determine if activities occur in floodplain or wetland, conduct 8-step process if necessary • Consult with appropriate agencies and complete Statutory Checklist (attachment 3 part 1) • Complete Determination of Level of Review (attach 5) • Distribute and publish NOI/RROF (attach 6)

  23. Processing CatEx Subject To 58.5 • Respond to public comments • Submit RROF/Certification to DED (no sooner than the day after the end of the published comment period) with supporting documentation (Determination, Statutory Checklist,consultation letters, applicable notices)

  24. 58.36 Environmental Assessment • Required for any project that is not exempt or categorically excluded and does not meet the EIS threshold • Review includes examining and recommending feasible ways to eliminate or minimize adverse environmental impacts and examining alternatives to the project

  25. Environmental Assessment • Generally evident that an Environmental Impact Statement (EIS) is not required • Responsible entity must make either a finding of no significant impact or finding of significant impact

  26. Environmental AssessmentExamples • New construction activities or those major rehabilitation activities that exceed the conditions or limits identified as categorically excluded • Land acquisition for housing or economic development • Conversion of one type of land use to another

  27. Processing Environmental Assessment • Conduct 8-step process for floodplain or wetland if necessary • Consult with appropriate agencies and complete Statutory/Assessment Checklists (attachment 3, parts I and II) • Distribute and publish combined FONSI & NOI/RROF (attach 7)

  28. Processing Environmental Assessment • Respond to public comments • Submit RROF/Certification to DED (no sooner than the day after the end of the published comment period) with supporting documents (Determination, Statutory & Assessment Checklists, consultation letters, applicable notices) • Obtain Release of Funds letter from DED

  29. Environmental Impact Statement • When is an EIS typically required? • Deemed to have a significant impact on the human environment – regional impact, long-term, impact on unique resources, in violation of federal, state or tribal laws, highly controversial

  30. Environmental Impact Statement • Required with projects consisting of: • Hospitals/nursing homes with 2,500 or more beds • 2,500 housing units or more • Water/sewer for > 2,500 new housing units

  31. Documenting the Review

  32. Statutory Checklist (attach 3 part 1) • Compliance with 58.6 (flood insurance, coastal barriers, airport clear zones) • Compliance with 58.5 (historic properties, floodplain management, air/water quality, endangered species, etc.) • Sources must be credible and verifiable (SHPO, USFWS, DEQ letters; floodplain maps, reports, studies, Phase I/II, historic/archeology survey, etc.) • Sources and documents must be relevant to analysis

  33. Tiering (58.15) • Appropriately used when: • Evaluation of a policy or a proposal is required in the early stages of “program” development • Decisions can be made on broad issues, while site specific analysis or mitigation must be made at a later date

  34. Tiering • Identify all activities (aggregate) • Identify targeted area • Prepare compliance strategy for specific reviews • Prepare Environmental Review • Publish and disseminate notice(s) for entire project

  35. Tiering • Typically used for: • Owner-occupied Rehab Programs • Purchase Rehab Resell Programs • Downpayment Assistance Programs Unlikely to be approved for new construction

  36. Related Laws at 58.6 • Flood Insurance – State CDBG excluded from mandatory insurance but highly recommended for new construction and repairs • Airport Clear Zones – must advise buyers of implications in such location • Coastal Barriers – no coastal resources in Nebraska

  37. Historic Preservation (page 7-9) • Applies to listed or eligible for listing on the National Register of Historic Places • May include districts, buildings, structures, objects, archeological or sacred sites • Contact SHPO, local historical group & Indian Tribes (allow 30 day response after complete information) • Identify historic properties, complete archeology surveys, assess effects, resolve adverse effects (MOA) prior to FONSI

  38. Floodplain Management (page 7-10) • Avoid floodplain development where there are practical alternatives • Contact local enforcement officer, FIRM or FHBM • Unmapped areas use best available information • 8-step procedure for new construction, substantial improvement of 1-4 family structures, or rehabilitation of structures in SFHA (prior to FONSI)

  39. HUD 8-Step Process • Determine if proposed action is located in SFHA • Publish “early” notice of proposal to consider action (15 day comment, attachment 10) • Evaluate practicable alternatives to locating in floodplain • Identify potential impacts associated with occupancy and modification of floodplain

  40. HUD 8-Step Process • Design or modify actions to minimize adverse impacts and preserve floodplain • Reevaluate whether proposed action is practicable • Publish notice of decision to identify why ther is no practicable alternative, the alternatives and mitigation measures adopted (attach 11 can be concurrent with combined FONSI & NOI/RROF) • Implement proposed action with mitigation

  41. Wetlands Protection (page 7-11) • Discourages construction in wetlands where there is a practicable alternative • Review FWS maps, contact ACOE, NRCS, DEQ, if question exist supplement with delineation study • 8-step procedure for new construction or rehab activity involving site excavation, fill or grading • Section 404 permit

  42. Noise Abatement/Control (page 7-12) • Substantial rehabilitation, new construction for residential or other noise sensitive uses a noise assessment must be prepared if site is within 1,000 feet of highway, 3,000 feet active railroad, 5 miles airport, 1,000 feet other noise generating source • Existing rehab projects encouraged to provide noise attenuation • Noise Guidebook, HUD-953-CPD

  43. Air Quality (page 7-12) • Contact Department of Environmental Quality to determine/evaluate applicable requirements & compliance • Projects must be evaluated to determine applicable requirements and compliance methods • Generally refrain from projects that either increase air pollution or expose residents to excessive levels of air pollution

  44. Explosive & Flammable Operations (page 7-13) • For projects with residential, institutional, recreational, commercial or industrial use • Site visit and contact local fire chief to determine locations of above ground storage tanks • Use guidebook HUD-1060-CPD to calculate Acceptable Separation Distance for property near above ground storage tanks • Exclusions: underground tanks, residential tanks

  45. Airport Hazards (page 7-13) • HUD policy is to promote compatible land uses in Runway Clear Zones and Accident Potential Zones • Activities that are prohibited: construction major rehabilitation, acquisition for construction, change of land use, increase in density (except where project would not be frequently used or occupied by people and airport operator furnishes assurance there are no plans to purchase the land)

  46. Water Quality (page 7-14) • Health & Human Services for Safe Drinking Water Act • Department of Environmental Quality for Clean Water Act • Project having withdrawals and/or effluent discharges

  47. Endangered Species Act (page 7-14) • Mandates that activities not jeopardize the existence of plants and animals that are listed or proposed for listing on the endangered species list • Generally, this applies to new construction, conversion of land use, major rehabilitation of existing buildings and the acquisition of undeveloped land • Contact USFWS and NGPC

  48. ESA Compliance • Consult with USFWS & NGPC to determine if project could alter or destroy habitat or have effect on T & E species • If T & E species are present, determine impact of action on species or habitat (prepare biological assessment) • USFWS issues opinion of jeopardy

  49. Wild & Scenic Rivers (page 7-14) • Any HUD funded activity that might affect rivers included in the nationwide inventory must preserve the rivers designation • Contact National Park Service website • Consultation shall be initiated when the project: a) would be in close proximity of the river, b) involves withdrawing water from the river or discharging water to the river via a point source, or c) would be visible from the river

  50. Farmland Protection (page 7-14) • Minimize the extent to which federally assisted projects convert farmland to nonagricultural uses • Exclusion for land already in urban development • Contact Natural Resource & Conservation Service

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