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CM-08-04-088DATE: April 11, 2008 SUBJECT: City Manager Approval ITEM: Environmental Assessment of the property located in the Anderson Subdivision, Block 13, Lots 1-3, Round Rock, Williamson County, Tx. (Habitat for Humanity land acquisition) Department: Planning Department Staff Person: Mona Ryan, Community Development Coordinator Justification: All environmentally related submissions to HUD must be signed by the Certifying Official or the appropriate authorized official. Funding: Cost: $0 Source of funds: N/A Background Information: Habitat for Humanity is acquiring this property with Community Development Block Grant funds and will build 3 homes for 3 different low income families. The signature hierarchy for signing environmental related documents for the City of Round Rock is as follows: (see attached memo from Sheets & Crossfield, May 1, 2007) Certifying Official: City Manager 1. All submissions to HUD. 2. Reviews prepared by staff for outside agencies, such as the Round Rock Housing Authority or Habitat for Humanity. Planning Director 1. Environmental Assessments 2. Environmental Impact Statements Community Development Coordinator 1. Certification of Exemption for HUD funded projects (Determination of activities listed at 24 CFR 58.34(a). Examples include program administration, public services) 2. Compliance Documentation Checklist, 24CFR 58.6 3. Statutory Worksheet used for projects which are categorically excluded per 24 CFR 58.35(a). (example, single family rehab, sidewalks, equipment purchases by non-profit agencies. Sheets 86 Crossfield. P.C. 309 East Main Street • Round Rock, Texas 78664 phone 512-255-8877 • fax 512-255-8986 RLEOPY To: Mona Ryan, Community Development Coordinator From: Preston Stone, Legal Dept. Re: HUD/Certifying Official Signatures for Environmental Reviews Date: May 1, 2007 Mona, The legal department is in receipt of your email of April 27, 2007 proposing a hierarchy for appropriate environmental related signatures on submissions to HUD. The email also contained an e -memo from HUD Region VI Energy Coordinator and Field Environmental Officer W. Laurence Doxsey. This memo is to confirm that the suggested signature hierarchy conforms to all applicable federal laws and regulations according to interpretation provided by HUD Region VI staff. All HUD submission must bear the signature of the Certifying Officer, understood by HUD to mean the chief executive or elected official of the City. Additionally, the City is at times obligated to undertake environmental reviews for outside entities (i.e., Habitat for Humanity) and communicate the results to HUD. The Certifying Officer must also sign off on these, as it results in a direct communication with HUD. Internal documentation pertaining to specific environmental reviews may be signed by a city official who posses authority from the City to designate completion and compliance with City and HUD standards for environmental reviews. The documents which you have designated as eligible for signatures from the Planning Director and the Community Development Coordinator fall into this category. Please note, however, that an EA or EIS which must be ultimately be submitted to HUD must have the Certifying Official's signature. An EA finding of FONSI or FOSI is only valid if endorsed by the certifying official. Thank you for your continued hard work and please do not hesitate to contact me if you have any questions. 114979/0179.0700/ps CM-u6-0-1-US7 Page 1 of 2 Mona Ryan From: Sent: To: Subject: Mona Ryan Friday, April 27, 2007 12:51 PM Jim Nuse; Steve Sheets; Jim Stendebach FW: E -Memo: Clarification of Certifying Official Signatures in Environmental Reviews Importance: High Below is a clarification memo to all grantees from the HUD San Antonio office environmental officer. Unless there is an authorization letter on file, the Mayor or City Manager must sign all environmental reviews. Environmental reviews are done for all grantee activities, including Program Administration. Many activities are "exempt" or convert to "exempt", which I have always signed off on, and has been allowed. HUD is requiring that authorization to sign these forms be formalized. The "Certifying Official" is the Mayor or City Manager and must designate any "Authorizing Official". I suggest the following hierarchy for appropriate environmental related signatures: City Manager: 1. All submissions to HUD (required) 2. Reviews prepared by staff for outside agencies, such as the Round Rock Housing Authority or Habitat for Humanity (required) Planning Director: 1. Environmental Assessments (i.e., AGAPE, new construction) 2. Environmental Impact Statements (none to date) Community Development Coordinator: 1. Certification of Exemption for HUD funded projects (Determination of activities listed at 24 CFR 58.34(a)) (examples include Program Administration, public services) 2. Compliance Documentation Checklist, 24 CFR 58.6 (Companion document to "exempt" and "categorically excluded — not subject to") 3. Statutory Worksheet used for HUD projects which are Categorically Excluded per 24 CFR §58.35(a). (ie, single family rehab projects, sidewalks, equipment purchases by non-profit agencies {cooler for food pantry}) Mona Ryan Community Development Coordinator City of Round Rock 301 West Bagdad, Ste 140 Round Rock TX 78664 (v) 512-218-5416 (f) 512-341-3152 (e) mona@round-rock.tx.us www.roundrocktexas.gov From: w.laurence_doxsey@hud.gov [mailto:w.laurence_doxsey@hud.gov] Sent: Monday, February 26, 2007 5:06 PM Subject: E -Memo: Clarification of Certifying Official Signatures in Environmental Reviews 6/26/2007 Page 2 of 2 E -Memo: This guidance is provided to clarify how the signature of the certifying offical must appear in association with environmental reviews. It also indicates how "authorizing " signatures can be used. 1. All environmentally related submissions to HUD must be signed by the certifying official. This includes Form 7015.15 (the request for release of funds and certification to HUD) and all environmental reviews completed for outside recipients* that may not require the submission of Form 7015.15 to HUD. For the latter case, Form 7015.15 is not appropriate for Exempt and Categorically Excluded actions under Part 58.35(b). HUD is requiring that - a copy of a signed (by the Certifying Official) certification form for Exempt or Categorically Excluded Subject to Part 58.35(b) activities or a signed statement of certification for the subject activities from the Certifying Official - be submitted to HUD. 2. Environmental Assessments (and Environmental Impact Statements, if required) need to be signed by the Certifying Official on the specific ERR for the Environmental Assessment in addition to the certification form 7015.15. The certifying official signature on the ERR must be located at the conclusion of the statement in the ERR that indicates that a Finding of No Significant Impact (FONSI) or Finding of Significant Impact (FOSI) has been determined. 3. Signatures indicating the concluding determinations of all other environmental reviews (Exempt and Categorically Excluded) must be signed by an "authorizing" official of the responsible entity. The "authorizing" official would be the person(s) that the certifying official has designated for that role. "'Outside recipients' refers to those that have received grants directly from HUD and not through the Responsible Entity. This would include grant funding to PHA's, SHOP grants to entities such as Habitat for Humanity, EDI grants (Congressional Earmarks) awarded to organizations within the community. If you have questions, please contact me. W. Laurence Doxsey Field Environmental Officer, Region VI Energy Coordinator US Department of Housing and Urban Development 106 South St. Mary's Street, Suite 405 San Antonio, TX 78205 (210) 475-6882 (210) 472-6804 fax wjaurence_doxsey@hud.gov 6/26/2007 Page 1 of 1 Mona Ryan From: Mona Ryan Sent: Monday, April 07, 2008 4:35 PM To: Jason Rammel Subject: Heads up for city manager signatures this Friday, 4-11-08 Importance: High Attachments: 4-11-08_MRyan_CDBG_CM_Environmentals AGAPE.doc Jason - Attached are the bluesheets that accompany the RFAs for city manager signatures this Friday. I just wanted to call your attention to the Termination Agreement and the Release of Lien. The legal documents were prepared by Preston. Here are the footers: Release of Lien -AGAPE 00128876.DOC/PS Termination Agreement 00128897.DOC/PS I have the Termination Agreement which has been signed by Buddy Crossley, in duplicate. Also, I reference a memo to me written by Preston regarding signature hierarchy for environmentals. That footer information is: 114979/0179.0700/ps Mona Ryan Community Development Coordinator City of Round Rock 301 West Bagdad, Ste 140 Round Rock TX 78664 (v) 512-218-5416 (f) 512-341-3152 (e) mona@round-rock.tx.us www.roundrocktexas.gov 4/7/2008 Environmental Assessment Historic Preservation Floodplain Management WO; Wetlands Protection Coastal Zone Management Act Sole Source Aquifers 8 110 13 Endangered Species Act Wild and Scenic Rivers Act Air Quality Farmland Protection Policy Act Environmental Justice Noise Abatement and Control Toxic/Hazardous/Radioactive Mtrl 1 Environmental Assessment Checklist Please refer to the file for any additional information addressed in the index.