Loading...
CM-2020-204 - 8/7/2020'P'9ENrDF pieD"0o��� .11.G m �* II�II�II 9B4N DEVi�.O U.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 58.35(a) Proiect Information Project Name: Frontier Park Improvements CDBG 2019 Responsible Entity: City of Round Rock Grant Recipient (if different than Responsible Entity): N/A State/Local Identifier: N/A Preparer: Elizabeth Alvarado Certifying Officer Name and Title: Laurie Hadley, City Manager Grant Recipient (if different than Responsible Entity): N/A Consultant (if applicable): N/A Direct Comments to: N/A Project Location: 1804 Frontier Trail, Round Rock, TX 78681 Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: This is a re- evaluation of the Original 2017 & 2018 Environmental Review Record (ERR) conducted and approved by CD-2018-1837. Original ERR was for the following scope of work: Replace existing trail, park pavilion, tennis court fencing and lighting system and concrete benches, picnic tables and drinking fountains, bike racks and trash receptacles will be replaced or added as needed. This ERR is for CDBG 2019 funds for the following scope of work: Replacement of the existing playground with newer, safer, and more inclusive equipment, resurfacing the tennis courts, some ADA corrections, new trash cans, replacement of aging benches, resurfacing the basketball court, new basketball hoops, and adding shade over the basketball court if budget permits. Cyr- 2czo-2&q Level of Environmental Review Determination: Categorically Excluded per 24 CFR 58.35(a), and subject to laws and authorities at §58.5:Catergorical exclusions subject to 458.5. The following activities are categorically excluded under NEPA, but ma by a subject to review under the 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 Funding Amount B 19MC480514 CDBG $246,416.00 Estimated Total HUD Funded Amount: $686,700 Estimated Total Project Cost (HUD and non -HUD funds) [24 CFR 58.32(d)]: $246,416.00 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 This project does not include the sale or ❑ ® acquisition of land nor is this project site 24 CFR Part 51 Subpart D within 15,000 ft of a military airport or within 2,500 ft of a civilian airport. Documentation showing the project site's proximity to the nearest airports is attached. Coastal Barrier Resources Yes No Project site is not in or near the Texas Coastal Coastal Barrier Resources Act, as ❑ ® Barrier. A map of the Texas Coastal Barrier amended by the Coastal Barrier is attached. Improvement Act of 1990 [16 USC 3501 Flood Insurance Yes No The project site is located in a floodplain in Flood Disaster Protection Act of ❑ ® the Special Flood Hazard Area (SFHA). A 1973 and National Flood floodplain map is attached. The City of Insurance Reform Act of 1994 Round Rock does not participate in the [42 USC 4001-4128 and 42 USC National Flood Insurance Program (NFIP). 5154a] Flood insurance 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 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 to particularly section 176(c) & (d); the EPA list (attached). 40 CFR Parts 6, 51, 93 Coastal Zone Management Yes No Coastal Zone Management does not pertain Coastal Zone Management Act, ❑ ® to this project because the project site is not sections 307(c) & (d) near the Texas Coastal Zone. A map of the Texas Coastal Zone is attached. Contamination and Toxic Yes No On site visits and observations of 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 Netro-Online 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 on developed park land that historically has been used for recreational use. See attached report. 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 endangered Part 402 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 modifications or destruction of designated critical habitat. See attached documentation. 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 there are no current or planned stationary above ground storage containers in or near the project site. Farmlands Protection Yes No Farmlands protection does not pertain to this Farmland Protection Policy Act ❑ ® project due to its nature and location. The of 1981, particularly sections project site is in developed parkland, in an 1504(b) and 1541; 7 CFR Part established neighborhood within the city 658 limits. City zoning map identifying the project site is attached. Floodplain Management Yes No This project is located in a floodplain and ❑ ® FEMA maps are attached. An 8 step process Executive Order 11988, particularly section 2(a); 24 CFR report was conducted, completed and is Part 55 attached. Per the HUD Regional Environmental Officer, because the 8 step process was previously done we don't have to do another one for this ERR. It would be exempt from the process per 55.12 (c) (6). Historic Preservation Yes No As per the Texas Historical Commission, this ❑ ® project may proceed. A letter from the Texas National Historic Preservation Historical Commission is attached. Act of 1966, particularly sections 106 and 110; 36 CFR Part 800 Noise Abatement and Control Yes No The nature of this project does not pertain to Noise Control Act of 1972, as ❑ ® nor does it require noise abatement and amended by the Quiet control because this project is not new Communities Act of 1978; 24 construction for residential use not is it CFR Part 51 Subpart B rehabilitation of a facility where people sleep. Sole Source Aquifers Yes No The project site is over the Edwards Aquifer Safe Drinking Water Act of 1974, ❑ ® re -charge zone and TCEQ permitting as amended, particularly section approval was required for the original ERR. 1424E ; 40 CFR Part 149 The TCEQ approval letter is attached. TCEQ approval is not required for this new scope of work. Wetlands Protection Yes No Project site contains a Riverine Wetland. The ❑ ® wetlands maps are attached. The wetlands Executive Order 11990,a worksheet states that if a wetland will not be 2an particularly sections 2 d 5 impacted in terms of E.O. 11990's definition of new construction: The term "new construction" shall include draining, dredging, channelizing, filing, diking, impounding, and related activities and any structures or facilities begun or authorized after the effective date of this Order, then this review is in compliance with this section and project may proceed. See copy of E.O. 11990 attached. Wild and Scenic Rivers The Wild and Scenic Rivers category does Yes No not apply to this project. The project site is Wild and Scenic Rivers Act of ❑ ® not near nor will it impact any wild and scenic 1968, particularly section 7(b) and (c) rivers or any river segments that potentially qualify as national wild, scenic, or recreational river areas. See the attached map of the nearest wild and scenic river to the project site and also documentation on the National Rivers Inventory List for Texas located at: httms://www.nps.gov/subjects/rivers/texas.htm . ENVIRONMENTAL JUSTICE Environmental Justice Yes No Improvements to an existing park are unlikely ❑ ® to adversely affect social resources. Research Executive Order 12898 determined there are no disproportionately high and adverse effects to minority or low- income populations in the project area. See the documentation from GoodGuide. Field Inspection (Date and completed by): February 13, 2020 Summary of Findings and Conclusions: Field inspection revealed that environmental conditions remain the same. Mitigation Measures and Conditions [40 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 I Mitigation Measure N N/A I N/A II 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 extraordinary c' umstances (Section 58.35(c)). Preparer Signature: �✓l/ �i�,.� Date:S_� Name/Title/Organization: _Elizabeth Alvarado, CDBG Coordinator, City of Round Rock Resp sible Entity Agency Official Signature: U�40 600 W-1- Name/Title: Laurie Hadley, City Manager Date:E7 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 Environmental Review Record for CDBG Park Repair at 1804 Frontier Trail. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 8/7/2020 Dept Director: Brad Wiseman Cost: Indexes: Attachments: LAF - ERR for Park Repair at 1804 Frontier Trail, ERR Frontier Park CDBG 2019 Department: Planninq and Development Services Department Text of Legislative File CM-2020-204 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 CDBG 2019 Frontier Park Improvements Project consists of replacing the existing playground with a new, safer, and more inclusive equipment, resurfacing the tennis courts, ADA corrections, new trash cans, replacement of aging benches, resurfacing the basketball court, new basketball hoops, and adding shade over the basketball court if budget permits. CDBG 2019 program funds in the amount of $246,416 will be used for this project. City of Round Rock Page 1 Printed on 81612020