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CM-2018-1837 - 8/31/2018,r�'"E" �•� U.S. Department of Housing and Urban y44 Development jL I�III�II� 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 58.35(a) Project Information Project Name: Frontier Park Improvements Project CDBG 2017 & 2018 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: Frontier Park 1804 Frontier Trail, Round Rock, TX 78681 Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1548.25]: Project includes replacing existing trail, park pavilion, tennis court fencing and lighting system and concrete sidewalk; construction of a walking trail, and improvements to both pedestrian and bridges. All park benches, picnic tables and drinking fountains, bike racks and trash receptacles will be replaced or added as needed. Level of Environmental Review Determination: Categorically Excluded per 24 CFR 58.35(a), and subject to laws 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 �-zvr�- Igo 7 Grant Number HUD Program Funding Amount B I7MC480514 CDBG $605,539 B I8MC480514 CDBG $674,395 Estimated Total HUD Funded Amount: $674,395.00 $150,000(CDBG 2017) $150,000 (CDBG 2018) Estimated Total Project Cost (HUD and non -HUD funds) [24 CFR 58.32(d)]: $300,000 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, 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 Yes No Project does not include sale or acquisition 24 CFR Part 51 Subpart D ❑ ® 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. 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 located in a floodplain in the ® ❑ Special Flood Hazard Are (SFHA). Flood Disaster Protection Act of Floodplain map is attached. City of Round 1973 and National blood Insurance Reform Act of 1994 Rock does participate in the National Flood [42 USC 40014128 and 42 USC Insurance Program (NFIP). Flood insurance 5154a] is provided for all park structures and copies of insurance are kept with City risk management department. STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CER 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 farts 6, 51, 93 September 30, 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(1) & 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 park land that historically has been used for recreational use. See attached maps, historic aerial view maps and reports. Endangered Species Yes No After careful review of the project location, ® project description, and review of the plants Endangered Species Act of 1973, and species on the threatened and particularly section 7; 50 CFR endangered list it is determination that g y Part 402 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 E] ® 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 ® to nature and location. Project site is in Farmland Protection Policy Act developed parkland in an established of 1981, particularly sections 1504(b) and 1541; 7 CFR Part neighborhood within city limits. City zoning 658 map identifying project site is attached. Floodplain Management Yes No The project is located in a floodplain. ® ❑ FEMA map attached. An 8-step process was Executive Order 11988, conducted and is attached along with the particularly section 2(a); 24 CFR public notices that were required. Part 55 Historic Preservation Yes No See approval for project to proceed from ❑ ® Texas Historical Commission attached. National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800 Noise Abatement and Control Yes No Nature of this project does not pertain nor ❑ ® does it require noise abatement and control Noise Control Act of 1972, as because this project is not new construction amended by the Quiet Communities Act of 1978; 24 for residential use nor is it rehabilitation of CFR Part 51 Subpart B an existing residential property or rehabilitation of a facility where people sleep. Sole Source Aquifers Yes No Project site is over the Edwards Aquifer re- ® ❑ charge zone and required TCEQ permitting. Safe Drinking Water Act of 1974, See letter from TCEQ approving the City of as amended, particularly section Round Rock's park department Water 1424(e); 40 CFR Part 149 Pollution Abatement Plan. Wetlands Protection Yes No Project sites contains a Riverine Wetland. ® ❑ Wetlands maps are attached. Wetlands Executive Order 11990, worksheet states that if a wetland will not be particularly sections 2 and 5 impacted in terns of E.O. 11990's definition of new construction: The term "new construction" shall include draining, dredging, channelizing, filling, diking, impounding, and related activities and any structures or facilities begun or authorized atter the effective elate of this Order-then this review is in compliance with this section and project may proceed. See copy of E.O. 11990 attached as well. 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 for Texas located at: hteps_,:www.ntrS.)Ltv;subiects.'rivers/texas.htm. ENVIRONMENTAL JUSTICE Environmental Justice Yes No Executive Order 12898 Improvements in an existing park is unlikely to adversely affect social resources. Research determined that there are no disproportionately high and adverse effect to minority or low-income populations in the project site'area. See documentation from GoodGuide. Field Inspection (Da(e 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 or Findings and Conclusions: NIA Mitigation Measures and Conditions 140 CFR 1505.2(c)j 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 Sole Source Aquifer TCEQ Permit to proceed with an approval of the City of Round Rocks Parks Dept Water Pollution Abatement Plan Flood Insurance Property is in a Special Flood Hazard Area. City provides flood insurance. Floodplain Management 8 Step Process was conducted -it was determined project will proceed. Wetlands Protection Project does not meet E.O. 111990's definition of new construction. Proiect may proceed. Determination: /1 n This categorically excluded activityiproject 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 isno v subject to a full Environmental Assessment according to Part 58 Subpart E due to extraordinaz - cumstances (Section 58.35(c)). Preparer Signature: Date:1a ).0 Name/Titic/Organization: Elizabeth Alvarado, CDBG Coordinator, City of Round Rock Responsible Entity Agency O�ficial Signature: Date: 0�(� Name/Title: Laurie Hadley, City Mana er 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 TE n"o RQ"` Agenda Item Summary Agenda Number: Title: Consider executing the Categorical Exclusion Subject to 58.5 Determination 24 CFR 58.35 (a) (1) for the CDBG 2017 & 2018 Frontier Park Program. Type: City Manager item Governing Body: City Manager Approval Agenda Date: 8/31/2018 Dept Director: Brad Wiseman Cost: Indexes: Attachments: LAF - CDBG Frontier Park Project (08.27.2018) (00408459xA08178), CDBG 2017 2018 ERR Frontier Park Department: Planning and Development Services Department Text of Legislative File CM -2018-1837 Consider executing the Categorical Exclusion Subject to 58.5 Determination 24 CFR 58.35 (a) (1) for the CDBG 2017 & 2018 Frontier Park Program. 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 include all of the environmental review documents, public notices, written determination and any environmental review findings pertaining to the decision making and actions related to the individual project. The CDBG Frontier Park Improvements Project required that a Categorical Exclusion Subject to 58.5 Determination 24 CFR 58.35 (a) (1) ERR be conducted and executed by the Certifying Officer. The Frontier Park Improvements Project consists of replacing the existing trail, park pavilion, tennis court fencing and lighting system and concrete sidewalk; construction of a walking trail, and improvement to both pedestrian and bridges. All park benches, picnic tables, and drinking fountains, bike racks and trash receptacles will be replaced or added as needed. CDBG 2017 program funds in the amount of $150,000 and CDBG 2018 program funds in the amount of $150,000 totaling $300,000 will be used for this project. City of Round Rock Page ! Printed on B/3MOM