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CM-2018-1660 - 3/16/2018U.S. Department of Housing and Urban Development 451 Seventh Street, SW Washington, DG 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 58.35(a) Proiect Information Project Name: East Austin Avenue Sidewalk Project CDBG 2016 Responsible Entity: City of Round Rock Grant Recipient (if different than Responsible Entity): NIA State/Local Identifier: N/A Preparer: Elizabeth Alvarado Certifying Officer Name and Title: Adley I7 �►`� v -S/ �J Grant Recipient (if different than Responsible Entity): N/A Consultant (if applicable): N/A Direct Comments to: N/A Project Location: Southside of East Austin Avenue from Nelson Street to 100 feet past Pecan Lane Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Construction of new sidewalks along the south side of Austin Avenue to include ADA improvements in the form of new sidewalks, new curb ramps, and modifications of existing driveways where the sidewalk path crosses driveways that do not meet the 2% cross -slope requirement. 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 this project. Level of Environmental Review Determination: of..I- 1(T—/(�e6C Categorically Excluded per 24 CFR 58.35(a), and subject to Iaws and authorities at §58.5Categorical exclusions subject to § 58.5. The following activities are categorically excluded under NEPA, but may be subject to review under authorities listed in § 58.5: :_ 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 HUD Program I Funding Amount B 17MC480514 CDBG J$572,999 Estimated Total HUD Funded Amount: $241,709 Estimated Total Project Cost (HUD and non -HUD funds) [24 CFR 58.32(d)]: $241,709 Comuliance 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, datestnameshitles 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 Yes No Project does not include sale or acquisition 24 CFR Part 51 Subpart D ❑ ® of land NOR is project site within 15,000 ft of a military airport or within 2,500 ft of a civilian airport. Attached is documentation showing project site's proximity to nearest airports. Coastal Barrier Resources Yes No Project site is not in or near the Texas Coastal Barrier Resources Act, as ❑ ® Coastal Barriers. Attached is a map showing amended by the Coastal Barrier the proximity of Round Rock to the Texas Improvement Act of 1990 [16 Coastal Barrier. USC 3501 Flood Insurance Yes No Project site is not located in a floodplain. E] ® FEMA flood map is attached. Flood Disaster Protection Act of 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 ❑ ® is NOT a non -attainment county according Clean Air Act, as amended, to the EPA's most recent data report dated particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93 December 31, 2017. Report attached. Coastal Zone Management Yes No Coastal Zone Management does not pertain ❑ ® to this project because project site is not near Coastal Zone Management Act, the Texas Coastal Zone. Map of Texas sections 307(c) & (d) 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 prosect 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. There is a City of Round Rock abandoned storage tank at the end of East Austin Avenue. The City is working on getting it removed and taken away in the next couple of months. Email from the Utility & Environmental Services Director is attached as well as pictures of the tank. Farmlands Protection Yes No This category does not pertain to project due Farmland Protection Policy Act E]® 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 National Historic Preservation ❑ ® Texas Historical Commission attached. Act of 1966, particularly sections 106 and 110; 36 CFR Part 800 Noise Abatement and Control Yes No Noise abatement and control does not pertain ❑ ® because this project is not new construction Noise Control Act of 1972, as for residential use nor is it rehabilitation of amended by the Quiet Communities Act of 1978; 24 an existing residential property or CFR 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 Safe Drinking Water Act of 1974, ❑ ® impact the Edwards Aquifer or the Re - Re - as amended, particularly section charge Zone. See documentation showing 1424(e); 40 CFR Part 149 project site proximity to Edwards Aquifer. Wetlands Protection Yes No Project sites is not located in Wetlands. Executive Order 11990, ❑ ® Wetlands maps are attached. particularly 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 ❑ ® is unlikely to adversely affect social resources. Executive Order 12898 Research determined that there are no disproportionately high and adverse effect to minority or low-income populations in the project sitelarea. See documentation from GoodGuide. Field Inspection (Date and completed by): Field inspection done on Wednesday January 24, 2018 by CDSG Coordinator Liz Alvarado. Pictures taken on these dates as well. Summary of Findings and Conclusions: NIA Mitigation Measures and Conditions 140 CFR 1505.2(c)1 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 consultationtmitigation protocol requirements, publish NOVRROF 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 extraordi ,circumstances (Section 58.35(c)). Preparer Signature: �� ��: � .' Dater Name/Title/Organization: Elizabeth Alvarado, CDBG Coordinator, City of Round Rock ponsible Entity Agency Official Signature: I J .� r 1 a+{, ! I� Date. NamelTi e: 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 J!ROUND RoncAgenda 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 2016-2017 Sidewalk Project at East Austin Avenue. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/16/2018 Dept Director: Brad Wiseman Cost: Indexes: Attachments: laf and err for east austin ave Department: Planning and Development Services Department Text of Legislative File CM -2018-1660 Consider executing the Categorically Excluded Subject to Section 58.5 Determination 24 CFR 58.35 (a) (1) Environmental Review Record for the CDBG 2016-2017 Sidewalk Project at East Austin Avenue. 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 2016 Sidewalk Project at East Austin Avenue 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 East Austin Avenue Includes construction of new sidewalks along the south side of Austin Avenue to include ADA improvements in the form of new sidewalks, new curb ramps and modifications of existing driveways from Nelson Street to 100 feet past Pecan Lane. Project has an estimated cost of $241,709. Consider executing the Categorically Excluded Subject to Section 58.5 Determination 24 CFR 58.35 (a) (1) Environmental Review Record for the CDBG 2016-2017 Sidewalk Project at East Austin Avenue. City of Round Rock Page 1 Printed on 9/15/2018