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Certification of Categorical Exclusion (subject to 58.5)
Determination of activities listed at 24 CFR 58.35(a)
May be subject to provisions of Sec 58.6, as applicable
Grant Recipient: Adams Gift Shop Project Name: Facade Improvements
Project Description (Include all actions which are either geographically or functionally related):
Site Improvements/rehab to existing retail shop to include painting, landscaping, replace windows, and doors
and electrical upgrades.
Location:
Funding Source: CDBG HOME ESG HOPWA EDI Capital Fund Operating Subsidy Hope VI Other
Funding Amount: $11,216.00 Grant Number:
I hereby certify that the abovementioned project has been reviewed and determined to be a
Categorically Excluded activity (subject to 58.5) per 24 CFR 58.35(a) as follows:
The responsible entity must also complete and attach a Statutory Checklist. By signing below the Responsible Entity certifies in
writing that each activity or project is Categorically Excluded (subject to 58.5) and meets the conditions specified for such
exemption under section 24 CFR 58.35(a). Please keep a copy of this determination in your project files.
James R. Nuse, P.E.
Responsible Entity Certifying Official Name
City Manager
Title (please print)
Res • • s. le Entity Certifying Official Signature Date
24 CFR 8.35(a) - ERR Document
12/08 Region VI
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);
2. Special projects directed to the removal of material and architectural barriers that restrict the mobility of and
accessibility to elderly and handicapped persons;
X
3. Rehabilitation of buildings and improvements when the following conditions are met:
i. In the case of a building for residential use (with one to four units), the density is not increased beyond four units,
the land use is not changed, and the footprint of the building is not increased in a floodplain or in a wetland;
ii. In the case of multifamily residential buildings: (A) Unit density is not changed more than 20 percent; (B) The
project does not involve changes in land use from residential to non-residential; and (C) The estimated cost of
rehabilitation is less than 75 percent of the total estimated cost of replacement after rehabilitation.
iii. In the case of non-residential structures, including commercial, industrial, and public buildings: (A) The facilities
and improvements are in place and will not be changed in size or capacity by more than 20 percent; and (B) The
activity does not involve a change in land use, such as from non-residential to residential, commercial to industrial,
or from one industrial use to another.
4. (i) An individual action on up to four dwelling units where there is a maximum of four units on any one site. The
units can be four one -unit buildings or one four -unit building or any combination in between; or
(ii) An individual action on a project of five or more housing units developed on scattered sites when the sites are
more than 2,000 feet apart and there are not more than four housing units on any one site.
(iii) Paragraphs (a)(4)(i) and (ii) of this section do not apply to rehabilitation of a building for residential use (with
one to four units) (see paragraph (a)(3)(i) of this section).
5. Acquisition (including leasing) or disposition of, or equity loans on an existing structure, or acquisition (including
leasing) of vacant land provided that the structure or land acquired, financed, or disposed of will be retained for the
same use.
6. Combinations of the above activities.
The responsible entity must also complete and attach a Statutory Checklist. By signing below the Responsible Entity certifies in
writing that each activity or project is Categorically Excluded (subject to 58.5) and meets the conditions specified for such
exemption under section 24 CFR 58.35(a). Please keep a copy of this determination in your project files.
James R. Nuse, P.E.
Responsible Entity Certifying Official Name
City Manager
Title (please print)
Res • • s. le Entity Certifying Official Signature Date
24 CFR 8.35(a) - ERR Document
12/08 Region VI
24 CFR 58.5
STATUTORY CHECKLIST
For Categorical Excluded Projects Only
24 CFR §58.5 STATUTES, EXECUTIVE ORDERS & REGULATIONS
Grant Recipient: ADAMS GIFT SHOP Project Name: Fascade Improvements
Page 1 of 2
Project Description (Include all actions which are either geographically or functionally related):
Site improvements/rehab to existing retail shop to include painting, landscaping, replace windows and doors and electrical
upgrades.
Location: 409 North Mays Street Round Rock, TX 78664
This project is determined to be categorically excluded according to: [Cite section(s)]_24 CFR 58.35 (a) (3) (iii)
Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
N/A Consultation, Consistency Condition, Compliance Documentation
Review, Determination Mitigation
Permits
Required
Historic Preservation
[36 CFR Part 800]
X
Project is not listed in the national register of
historic places. Project may proceed by Charles
Peveto, Historic preservation officer (see letter
11-03-08)
Floodplain Management
[24 CFR 55, Executive
Order 11988]
X
Project does not involve property acquisition, management,
construction or improvements within a 100 yr floodplain.
Area has been identified as Zone X per City of Round Rock
engineering department. Map attached.
Wetland Protection
[Executive Order 11990]
X
Project does not involve new construction already a
developed site there are not wetlands, marshes, wet
meadows, mud flats or natural ponds. Map attached.
Coastal Zone Management Act
[Sections 307(c), (d)]
X
Project does not involve placement, erection, or removal of
materials, not an increase in the intensity of use in the
Coastal Zone. Project is 219 miles from CZ( see map)
Sole Source Aquifers
[40 CFR 149], SDWA (42 U.S.C.
201, 300(0 et seq., and 21 U.S.C.
349)
X
Project is not located over the Edwards Aquifer recharged
zone. Map attached.
Endangered Species Act
[50 CFR 402]
X
Project will have no impact on threatened or endangered
species, property has been developed since 1984.
According to TPWD many threatened and endangered
species are highly mobile. Map and information attached.
Wild and Scenic Rivers Act
[Sections 7(b), and (c)]
X
Project is located 514 miles from the Rio Grande River at
Big Bend national park being the only wild and scenic river
in Texas. Map attached.
Clean Air Act
[Sections 176(c), (d),
and 40 CFR 6, 51, 93]
X
Project is located within an "attainment" area. Per city of
Round Rock engineering dept. information attached.
Farmland Protection Policy Act
[7 CFR 658]
X
Project does not include prime or unique farmland, or other
farmland of statewide or local importance as identified by
the U.S.D.A. project is located in an area committed to
urban uses, residential area. Map and information attached.
24 CFR 58.5
Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
N/A Consultation, Consistency Condition, Compliance Documentation
Review, Determination Mitigation
Permits
Required
Page 2 of 2
Environmental Justice
[Executive Order 12898]
X
Project is suitable for its proposed use and will not be
adversely impacted by adverse environmental conditions.
Map and information attached.
HUD ENVIRONMENTAL STANDARDS
Noise Abatement and Control
[24 CFR 51B]
X
Project does not involve development of noise sensitive uses
or the project is not within line -of -site of a major arterial
roadway or railroad. Map and information attached.
Explosive and Flammable
Operations
[24 CFR 51C]
X
Project site has no record of any environmental hazards.
Attached email from city of Round Rock, Fire Dept.
Toxic Chemicals and Radioactive
Materials [24 CFR 58.5(i)]
X
Project site has no record of any environmental hazards.
Site is in a developed residential area. Attached email from
City of Round Rock, Fire Dept.
DETERMINATION:
( X ) This project converts to Exempt, per Section 58.34(a)(12), because it does not require any mitigation for
compliance with any listed statutes or authorities, nor requires any formal permit or license (Status "A" has
been determined in the status column for all authorities); Funds may be drawn down for this (now)
EXEMPT project; OR
This project cannot convert to Exempt because one or more statutes/authorities require consultation or
mitigation. Complete consultation/mitigation requirements, publish NOI/RROF and obtain Authority to
Use Grant Funds (HUD 7015.16) per Section 58.70 and 58.71 before drawing down funds; OR
The unusual circumstances of this project may result in a significant environmental impact. This project
requires preparation of an Environmental Assessment (EA). Prepare the EA according to 24 CFR Part 58
Subpart E.
PREPARER SIGNATURE: Elizabeth G. Alvarado DATE: June 19, 2009
PREPARER NAME:
RESPONSIBLE ENTITY AGENCY
OFFICIAL SIGNATURE:
NAME, TITLE:
DATE:
ERR Document
R. Nuse, P.E., City Manager
12/08 HUD Region VI
5/1Z'2009
Request for City Council/City Manager Action
Eg City Council City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Planning and Community Development
Contact Person: Veronica Chandler / Vickie Moreno
Project Mgr/Resource: Elizabeth Alvarado
Project Coordinator: Jim Stendebach
Assigned Attorney: Jason Rammel
City Council or City Manager Approval Date:
Agenda Wording
Fobt'C:'C r r"Cve ONLY
Received: J U L 2 9 2009
Tag#: •.*AVN�•"'_ ,�;A�r
Original Documents Received:
Project Name: Adams Gift Shop Facade Improvements
ContractorNendor: N/A
Funding Source: CDBG HUD Entitlement Grants
Additional funding Source:
Amount: $11,216.00
Account Number: B -08 -MC -48-0514
City Manager -
July 31, 2009
Consider execution of the Certification of Categorical Exclusion and Statutory Checklist for the grant of CDBG funds to Adams Gift Shop.
Finance Information
Is Funding Required? Yes No
Initial Construction Contract
Construction Contract Amendment x
Change Order #
11JChange in Quantity 111Unforeseen Circumstances
ED Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action on lines below)
CDBG - HUD Entitlement Grant funding
Amount
$11,216.00
Project Mgr. Signature:
Dept. Director Signature:
*City Attorney Signature:
City Manager Signature:
Date:
REVISED 7/29/2009
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning and Community Development Dept
Project Mgr/Resource: Liz Alvarado
Council Action:
ORDINANCE
Agenda Wording
Certification of Categorical Exclusion & Statutory
Project Name: Checklist
ContractorNendor: Adams Gift Shop
El RESOLUTION
City Manager Approval
CMA Wording
Consider execution of the Certification of Categorical Exclusion and Statutory Checklist for the grant of CDBG funds to Adams
Gift Shop.
Attorney Approval
Attorney
Notes/Comments
Date 7/2 7/4T
C:\Documents and Settingsyrammel\Local Settings\Temporary Internet FIIes1OLKC1tAF - Adams Gift Shop (00167096).XLS
Updated 6/3/08
Date: July 27, 2009
Subject: City Manager Approval at the July 31, 2009 staff meeting
Item: Consider execution of the Certification of Categorical Exclusion and
Statutory Checklist for the grant of CDBG funds to Adams Gift Shop.
Department:
Staff Person:
Justification:
Planning and Community Development Department
Jim Stendebach, Director of Planning and Community Development
Liz Alvarado, Community Development Assistant
The Certification of Categorical Exclusion and Statutory Checklist
have been completed and it does not require any mitigation for
compliance with any listed statutes or authorities, nor requires any
permit or license therefore the project has been determined EXEMPT
as per 58.34 (a) (12) and does not require a Notice of No Significant
Impact nor a Request for Release of Funds. Funds may be drawn
and project may proceed.
Funding:
Cost: $11,216.00
Source of Funds: CDBG
Outside resources: N/A
Background Information:
Adams Gift Shop was approved in the amount of
$11,216.00 for CDBG YR 2008-2009. Project
description is rehab to existing retail shop to include
painting, landscaping, replace windows and doors and
electrical upgrades.