Environmental Review Environmental Review Process - HUDProcess - HUD

24 CFR Part 5824 CFR Part 58

11

22

“Ultimately, of course, it is not better documents but better decisions that count. NEPA’s purpose is not to generate paperwork – even excellent paperwork – but to foster excellent action. The NEPA process is intended to help public officials make decisions that are based on understanding of environmental consequences, and take actions that protect, restore, and enhance the [Human and Built] environment.” CEQ Regulations

33

Environmental Review Environmental Review RequirementsRequirements

Official Welcome:Official Welcome:

Environmental TrainingEnvironmental Training

Today’s Instructors:Today’s Instructors:

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

First Principle:First Principle:

Call YourCall YourField Field

Environmental OfficerEnvironmental Officer

66

Second Principle:Second Principle:

Find more information Find more information on the environmental on the environmental

website:website:

77

www.HUD.gov/offices/cpd/environment/index.cfmwww.HUD.gov/offices/cpd/environment/index.cfm

Next Principle:Next Principle:

The ER process must The ER process must be complete be complete

PRIOR to commitment PRIOR to commitment of fundsof funds

88

One More Principle:One More Principle:

The environmental The environmental review is a study of review is a study of

the sitethe site

99

Why?Why? Project is Federally FundedProject is Federally Funded

In whole, orIn whole, orIn PartIn Part

1010

Requires Compliance with NEPA and the Laws and Authorities

National Environmental Policy Act

NEPA:•Federal Environmental Policy

•Federal Law

1111

Protect, Restore and Enhance the Human Environment

NEPAShared ResponsibilityShared Responsibility::

1212

The President

The Federal Agencies (RE)

The Courts

NEPA Environmental Study

• Agency Comments

• Public Document

1313

NEPA

Environmental Study• Agency Comments • Public Document

Scientific Analysis Relevant Issues

1414

NEPA

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

1515

HUD Regulations

24 CFR Part 58 Procedure for REs

24 CFR Part 51 Hazards 24 CFR Part 55 Floodplains 24 CFR Part 50 HUD Procedure

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

1919

Overview

Steps In the Process

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

2121

Overview

Steps In the Process:Define the Project

2222

Define the ProjectProject Area: Existing Conditions Features Character Resources Trends

2323

Define the ProjectDefine the ProjectActivities:Activities:

2424

HUD FundedPrograms UsedOther FundingTime Frame

Action PlanMaps/location

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

2727

--Geographic--Geographic

Types of AggregationTypes of Aggregation24 CFR part 58.3224 CFR part 58.32

FunctionalFunctional

2828

GeographicGeographic

OverviewOverview

Steps In the Process:Steps In the Process:

--Alternatives--Alternatives

2929

The preferred alternative may be the program as proposed, a modification of the program as proposed, including alternative sites or site selection criteria, or "no action."

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

Document determination in writing

Document compliance with 58.6

SIGN and DATE

No RROF or further approval from HUD or

the State required

3535

SAME AS EXEMPT::

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

5151

Local Period - Objections

Basis for Objections:

• ANYTHING!!!

5252

FONSINO

RROF

Request for Release of Funds

Certification Indicates:

•ER Complete

•Notice Published

•Local Comment

•Period Complete

•CO Signs

5353

Subject to False Claims Act

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

Environmental Review Record24 CFR Part 58.38

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

5656

Limitations on Activities Pending Clearance24 CFR Part 58.22

Funds are committed when:

A legally binding, irrevocable, contract is signed

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

Limitations on Activities Pending Clearance24 CFR Part 58.22

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

5959

Limitations on Activities Pending Clearance

24 CFR Part 58.22 (d)

Options to purchase property are allowed prior to receiving ATUGF if:• Cost is nominal• Site can be rejected based on

environmental finding

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

6464

Implement the Preferred Alternative

6565

Overview Part 2

Overview of the Laws Overview of the Laws and Authoritiesand Authorities

6666

Laws and Authorities 58.5 Historic PreservationHistoric Preservation

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

8080

Laws and Authorities 58.5

Historic Preservation Floodplain & Wetlands

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

8686

Wetlands – EO 1199024 CFR Part 58.5(B)(2)

Goal: Avoid Development in Wetland

8787

Water Marks

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

9090

e.g. Drainage patterns

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

9393

HUD Noise Standards24 CFR Part 51 (b)

9494

SOURCESOURCE

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

9797

Above Ground Storage Tanks24 CFR Part 51 (C)

9898

Exceptions:

Acquisition of existing single family homes, multifamily developments, other structures

Rehabilitation with out expansion

Because the number of persons exposed to is not increased

9999

Above Ground Storage Tanks24 CFR Part 51 (C)

Above Ground Storage TanksAbove Ground Storage Tanks24 CFR Part 51 (C)24 CFR Part 51 (C)

100100

UndergroundUndergroundStorage TanksStorage Tanks

High PressurePipelines

Natural gas holdersNatural gas holdersWith Floating TopsWith Floating Tops

Mobile tanks en routeMobile tanks en route

Exceptions:

Above Ground Storage Tanks24 CFR Part 51 (C)

101101

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:

Above Ground Storage TanksAbove Ground Storage Tanks24 CFR Part 51 (C)24 CFR Part 51 (C)

102102

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

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

105105

106106

Clearzone

APZ

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

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

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

109109

Notice

Signature

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 Assessment ASTM Phase I: Environmental Site Assessment ASTM

standards do not apply to single family but standards do not apply to single family but HUD regulations do applyHUD regulations do apply

However, all HUD funded projects must be free However, all HUD funded projects must be free from hazards that could affect the health and from hazards that could affect the health and safety of the residents or conflict with the safety of the residents or conflict with the intended use of the propertyintended use of the property

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

Wild and Scenic Rivers ActWild and Scenic Rivers Act24 CFR Part 58.5(f)24 CFR Part 58.5(f)

http://www.rivers.gov/http://www.rivers.gov/

wildriverslist.htmlwildriverslist.html

To identify Wild and Scenic To identify Wild and Scenic RiversRivers

125125

Wild and Scenic RiversWild and Scenic Rivers

Exceptions:Exceptions:

Acquisition of existing structuresAcquisition of existing structures Rehabilitation of existing structuresRehabilitation of existing structures

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?

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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)130130

Air Quality 24 CFR Part 58.5(g)

Air Quality 24 CFR Part 58.5(g)

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

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Air Quality 24 CFR Part 58.5(g)

Air Quality 24 CFR Part 58.5(g)

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)

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Avoid impact to farmlands designated as :

•Prime

• Unique

• State or Local Importance

Farmlands Protection ActFarmlands Protection ActFarmlands Protection ActFarmlands Protection Act

Exceptions:Exceptions: Rehabilitation of existing Rehabilitation of existing

buildingsbuildings Acquisition of existing Acquisition of existing

buildingsbuildings

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Farmlands Protection ActFarmlands Protection ActFarmlands Protection ActFarmlands Protection Act

Applies to:Applies to: New constructionNew construction Land acquisitionLand acquisition

Outside Urban areasOutside Urban areas

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Farmlands Protection ActFarmlands Protection ActFarmlands Protection ActFarmlands Protection Act

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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

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

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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

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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

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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

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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

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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

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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

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Environmental JusticeEnvironmental Justice

Exceptions:Exceptions:

Projects without Projects without adverse health adverse health effectseffects

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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

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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

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Laws and Authorities 58.6Laws and Authorities 58.6OTHEROTHER

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Flood Insurance

Laws and Authorities 58.6Laws and Authorities 58.6OTHEROTHER

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Flood Insurance

Coastal Barrier

Laws and Authorities 58.6Laws and Authorities 58.6OTHEROTHER

Clear Zone Clear Zone noticenotice

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Flood Insurance

Coastal Barrier

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

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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

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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

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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..

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Consult DOI MapsConsult DOI Maps

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

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Clearzone NotificationClearzone Notification

Notification mandatory for acquisition or Notification mandatory for acquisition or leasing including minor rehab in leasing including minor rehab in

ClearzoneClearzone

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Notice

Signature