CM-2017-1545 - 12/8/2017U.S. Department of Housing and Urban
Development
451 Seventh Street, SW
Washington, DC 20410
www.hud.gov
espanol.hud.gov
Environmental Review for Activity/Project that is Categorically
Excluded Subject to Section 58.5
Pursuant to 24 CFR 5835(a)
Proiect Information
Project Name: Chisholm Valley Neighborhood Sidewalk Project CDBG 2017
Responsible Entity: City of Round Rock
Grant Recipient (if different than Responsible Entity): NIA
State/Local Identifier: NIA
Preparer: Elizabeth Alvarado
Certifying Officer Name and Title: Laurie Hadley
Grant Recipient (if different than Responsible Entity): NIA
Consultant (if applicable): NIA
Direct Comments to: NIA
Project Location: The 4 foot sidewalk project is located in the Chisholm Valley
Neighborhood specifically the north side of Chisholm Valley Drive, the south side of
Buffalo Pass and the east side of Wagon Gap Drive.
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.251: Construction of
approximately 37,680 sq ft of 4 foot wide sidewalk along sections of the Chisholm Valley
subdivision. The 2017 CDBG Sidewalk Gaps Project will provide connectivity between the
neighborhood and the already established Chisholm Valley Park.
This project is an improvement of the existing public facility, the public right of way, which
includes the roadway, sidewalks (existing on one side of the street already but not the other), and
other easements and drainage and lighting facilities, all of which are publicly maintained as a
unit. Therefore the improvement of this existing public facility without changing it's overall size
or capacity by more than 20% (no more than 20% change in right of way area) and no change in
capacity, which can be interpreted as the number of residences served by the right of way I
determine that I can use the categorically excluded subject to 58.35 (a) (1) determination that
converts to exempt especially because many of the factors that would be added to the review in
a full Environmental Assessment analysis, such as school capacity, emergency services, etc, are
not applicable to thisproject.
6f -r za-/
Level of Environmental Review Determination:
Categorically Excluded per 24 CFR 58.35(a), and subject to laws and authorities at
§58.5 Categorical exclusions subject to § 58.5. The following activities are categorically excluded
under NEPA, but may be subject to review under authorities listed in § 5$.5:
:_ 58.35 (a) (1) Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities
and improvements (other than buildings) when the facilities and improvements are in place and
will be retained in the same use without change in size or capacity of more than 20 percent (e.g_,
replacement of water or sewer lines, reconstruction of curbs and sidewalks, repaving of streets).
Funding Information
Grant Number
I HUD Program
Funding Amount
B17MC480514
I CDBG
J$605,539
Estimated Total HUD Funded Amount: $248,481
Estimated Total Project Cost (HUD and non -HUD funds) [24 CFR 58.32(d)]: $248,481
Compliance with 24 CFR 50.4 58.5 and 58.6 Laws and Authorities
Record below the compliance or conformance determinations for each statute, executive order, or
regulation. Provide credible, traceable, and supportive source documentation for each authority. Where
applicable, complete the necessary reviews or consultations and obtain or note applicable permits of
approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional
documentation as appropriate.
Compliance Factors: Are formal Compliance determinations
Statutes, Executive Orders, compliance
and Regulations listed at 24 steps or
CFR §58.5 and §58.6 mitigation
required?
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4
& 58.6
Airport Hazards
24 CFR Part 51 Subpart D
Coastal Barrier Resources
Coastal Barrier Resources Act, as
amended by the Coastal Barrier
Improvement Act of 1990 [16
USC 3501]
Yes No Project does not include sale or acquisition
❑ ® of land NOR is project site within 15,000 R
of a military airport or within 2,500 ft of a
civilian airport. Attached is documentation
showing project site's proximity to nearest
airports.
Yes No Project site is not in or near the Texas
❑ ® Coastal Barriers. Attached is a map showing
the proximity of Round Rock to the Texas
Coastal Barrier.
Flood Insurance
Yes No
Project site is not located in a floodplain.
Flood Disaster Protection Act of
❑ ®
FEMA flood map is attached.
1973 and National Flood
Insurance Reform Act of 1994
[42 USC 4001-4128 and 42 USC
5154a
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4
& 58.5
Clean Air
Yes No
Round Rock is in Williamson County which
Clean Air Act, as amended,
❑ ®
is NOT a non -attainment county according
particularly section 176(c) & (d);
to the EPA's most recent data report dated
40 CFR Parts 6, 5I, 93
September 30, 2017. Report attached.
Coastal Zone Management
Yes No
Coastal Zone Management does not pertain
Coastal Zone Management Act,
❑ ®
to this project because project site is not near
sections 307(c) & (d)
the Texas Coastal Zone. Map of Texas
Coastal Zone attached.
Contamination and Toxic
Yes No
On site visits and observations to the project
Substances
❑ ®
site and nearby vicinity as well as online
24 CFR Part 50.3(i) & 58.5(i)(2)
reports from the EPA and NetrOnline did not
reveal any on-site or nearby toxic,
hazardous, or radioactive substances that
could affect the health and safety of project
occupants or conflict with the intended use
of the property. Project site is in a
developed subdivision that historically has
been used for residential use. See attached
maps, historic aerial view maps and reports.
Endangered Species
Yes No
After careful review of the project location,
Endangered Species Act of 1973,
❑ ®
project description, and review of the plants
particularly section 7; 50 CFR
and species on the threatened and
Part 402
endangered list, it is my determination that
the nature and location of the project shall
not jeopardize the continued existence of
federally listed plants and animals or result
in the adverse modification or destruction of
designated critical habitat. See attached list
of threatened or endangered plants and
species with notes as well as a critical habitat
map.
Explosive and Flammable
Yes No
Project does not include a hazardous facility
Hazards
❑ ®
nor does project include development or
24 CFR Part 51 Subpart C
construction that will increase residential
densities. Site visit and research revealed
that here are no current or planned stationary
aboveground storage containers.
Farmlands Protection
Yes No
This category does not pertain to project due
Farmland Protection Policy Act
F]®
to nature and location. Project site is in an
of 1981, particularly sections
established neighborhood. Project site map
1504(b) and 1541; 7 CFR Part
is attached.
658
Floodplain Management
Yes No
The project is not located in a floodplain.
Executive Order 11988,
®
FEMA map attached.
particularly section 2(a); 24 CFR
Part 55
Historic Preservation
Yes No
See approval for project to proceed from
j] ®
Texas Historical Commission attached.
National Historic Preservation
Act of I966, particularly sections
106 and 110; 36 CFR Part 800
Noise Abatement and Control
Yes No
Noise abatement and control does not pertain
Noise Control Act of 1972, as
❑ ®
because this project is not new construction
amended by the Quiet
for residential use nor is it rehabilitation of
Communities Act of 1978; 24
an existing residential property or
CER Part 51 Subpart B
rehabilitation of a facility where people
sleep.
Sole Source Aquifers
Yes No
Project site is not in or near nor will it
®
impact the Edwards Aquifer. See
Safe Drinking Water Act of 1974,
documentation showing project site
as amended, particularly section
proximity to Edwards Aquifer.
1424(e); 40 CFR Part 149
Wetlands Protection
Yes No
Project sites is not located in Wetlands.
®
Wetlands maps are attached.
Executive Order 11990,
particulmly sections 2 and 5
Wild and Scenic Rivers
Wild and Scenic rivers does not apply to this project.
Yes No
project site is not near nor will it impact any wild and
Wild and Scenic Rivers Act of
®
scenic rivers or any river segments that potentially
1968, particularly section 7(b)
qualify as national wild, scenic, or recreational river
and (c)
areas. See map of nearest wild and scenic river to
project site and also documentation on the National
Rivers Inventory List.
ENVIRONMENTAL JUSTICE
Environmental Justice
Yes No
Construction of sidewalks in an existing subdivision
Ej ®
is unlikely to adversely affect social resources.
Executive Order 12898
Research determined that there are no
dis ro orti nately hi h and adverse effect to minority
or low-income populations in the project site/area.
See documentation from GoodGuide.
Field Inspection (Date and completed by): Field inspection done on Thursday October 5, 2017 and Friday
October 6, 2017 by CDBG Coordinator Liz Alvarado. Pictures taken on these dates as well.
Summary of Findings and Conclusions: NIA
Miti ation Measures and Conditions 140 CFR 1505.2(c)]
Summarize below all mitigation measures adopted by the Responsible Entity to reduce, avoid, or
eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with
the above -listed authorities and factors. These measures/conditions must be incorporated into
project contracts, development agreements, and other relevant documents. The staff responsible
for implementing and monitoring mitigation measures should be clearly identified in the mitigation
plan.
Law, Authority, or Factor Mitigation Measure
NIA NIA
Determination:
® This categorically excluded activity/project converts to Exempt, per 58.34(a)(12) because there are
no circumstances which require compliance with any of the federal laws and authorities cited at
§58.5. Funds may be committed and drawn down after certification of this part for this (now)
EXEMPT project; OR
❑ This categorically excluded activity/project cannot convert to Exempt because there are
circumstances which require compliance with one or more federal laws and authorities cited at
§58.5. Complete consultation/mitigation protocol requirements, publish NOURROF and obtain
"Authority to Use Grant Funds" (HUD 7015.16) per Section 58.70 and 58.71 before committing
or drawing down any funds; OR
❑ This project is now subject to a full Environmental Assessment according to Part 58 Subpart E due
to extraordin ircumstances (Section 58.35(c)).
Preparer Signature: 2 .—.Date:�� 1�
Name/Title/Organizatio . Elizabeth Alvarado, CDBG Coordinator,
City of Round Rock
Responsible Entity Agency Official i nature:
Date: 22--Y-1-7
Name/Title: _ Laurie Hadley, City Manager
This original, signed document and related supporting material must be retained on file by the
Responsible Entity in an Environmental Review Record (ERR) for the activity/project (ref: 24
CFR Part 58.38) and in accordance with recordkeeping requirements for the HUD program(s).
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing the Categorically Excluded Subject to Section 58.5
Determination 24 CFR 58.35 (a) (1) Environmental Review Record for the
CDBG 2017-2018 Sidewalk Project at the Chisholm Valley Neighborhood.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/8/2017
Dept Director: Brad Wiseman
Cost:
Indexes:
Attachments: ERR CHISHOLM VALLEY NEIGHBORHOOD CDBG 2017 SIDEWALK
PROJECT, LAF. ERR CDBG Chisholm Valley Sidewalk Project
(00391216xA08F8)
Department: Planning and Development Services Department
Text of Legislative File CM -2017-1545
Consider executing the Categorically Excluded Subject to Section 58.5 Determination 24 CFR 58.35 (a)
(1) Environmental Review Record for the CDBG 2017-2018 Sidewalk Project at the Chisholm Valley
Neighborhood.
HUD requires that every CDBG project file contain a written record of the environmental review
undertaken for each project which is termed the Environmental Review Record (ERR). The ERR shall
be available for public review and must contain all of the recommended formats. The ERR must
contain all of the environmental review documents, public notices, written determination and any
environmental review findings pertaining to the decision making and actions related to individual
project. The CDBG 2017 Sidewalk Project at the Chisholm Valley Neighborhood required that a
Categorically Excluded Subject to 58.5 Determination 24 CFR 58.35 (a) (1) be conducted and executed
by the Certifying Officer.
The sidewalk project at the Chisholm Valley neighborhood includes construction of approximately
37,680 sq ft of 4 foot wide sidewalk along sections of Chisholm Valley neighborhood specifically the
north side of Chisholm Valley Drive, the south side of Buffalo Pass and the east side of Wagon Gap
Drive. Project has an estimated cost of $248,481.00.
Consider executing the Categorically Excluded Subject to Section 58.5 Determination 24 CFR 58.35 (a)
City of Round Rock Page 1 Printed on 12/8/2017
Agenda Item Summary Continued(CW2017--1545)
(1) Environmental Review Record for the CDBG 2017-2018 Sidewalk Project at the Chisholm Valley
Neighborhood.
City of Round Rock Page 2 Pdnted on 12/8/2017