CM-09-08-15024 CFR 58.5
STATUTORY CHECKLIST
For Categorical Excluded Projects Only
Page 1 of 2
24 CFR §58.5 STATUTES, EXECUTIVE ORDERS & REGULATIONS
Grant Recipient: Round Rock Housing Authority Project Name: Rehab to Westwood location 16 units
Project Description (Include all actions which are either geographically or functionally related):
Site improvements/rehab to Westwood location to include fencing, replace cabinets, roofing, painting/powerwashing, and add
accessibility ramps/railing.
Location: 1100 Westwood Drive Round Rock, TX 78664
This project is determined to be categorically excluded according to: [Cite section(s)] 24 CFR 53.35 (a) (3) (i)
Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
N/A Consultation,
Review,
Permits
Required
Consistency
Determination Mitigation
Condition,
Compliance Documentation
Historic Preservation
[36 CFR Part 800]
Floodplain Management
[24 CFR 55, Executive
Order 11988]
X
Project is not listed in the national register of
historic places. Project may proceed by Charles
Peveto, State Historic Preservation officer. (see
clearance letter)
Wetland Protection
[Executive Order 11990]
X
Project is located in FIRM MAP PANEL "X"
48491C0490E. Project is not located in
floodplain. See maps attached.
Coastal Zone Management Act
[Sections 307(c), (d)]
X
Project does not involve new construction it is already a
developed site and there no wetlands, marshes, wet
meadows, mud flats or natural ponds. See maps.
Sole Source Aquifers
[40 CFR 149], SDWA (42 U.S.C.
201, 300(D et seq., and 21 U.S.C.
349)
Endangered Species Act
[50 CFR 402]
X
Project does not involve placement, erection, or removal of
materials, nor an increase in the intensity of use in the
Coastal Zone. Project is 219 miles away from CZ. Map
attached.
X
Project is not located over the Edwards Aquifer recharge
zone. Map attached.
Wild and Scenic Rivers Act
[Sections 7(b), and (c)]
Clean Air Act
[Sections 176(c), (d),
and 40 CFR 6, 51, 93]
X
Project will have no effect on threatened or endangered
species, property has been developed and is an existing
structure. See email from Texas Parks and wildlife
X
Project will have no impact on wild and scenic
rivers...project is located 514 miles from Rio Grande River
Big Bend Park being the only wild and scenic river in
Texas. Map attached.
X
Project is located with an attainment area. Per city of Round
Rock. Information attached.
Farmland Protection Policy Act
[7 CFR 658]
X
Project is in residential area and doe 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. See city
em -fit - os -ice (1')
24 CFR 58.5
Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
N/A Consultation, Consistency Condition,
Review, Determination Mitigation Compliance Documentation
Permits
Required
Page 2 of 2
Environmental Justice
[Executive Order 12898]
map.
X
Project is suitable for its proposed use and will not be
adversely impacted by adverse environmental conditions.
Map attached.
HUD ENVIRONMENTAL STANDARDS
Noise Abatement and Control
[24 CFR 51B]
Explosive and Flammable
Operations
[24 CFR 51C]
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.
Toxic Chemicals and Radioactive
Materials [24 CFR 58.5(i)]
X
Project site has no record of any environmental hazards.
Email from City of Round Rock fire dept.
X
Project site has not record of any environmental hazards.
Project is in a developed residential area of Round Rock.
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 NOURROF 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:
(2kR2,4_,,tdoi
PREPARER NAME: Elizabeth G. Alvarado, CD Assistant
RESPONSIBLE ENTITY AGENCY
OFFICIAL SIGNATURE:
NAME, TITLE:
DATE:
ERR Document
%-1 ooc1
. Nuse, P.E., City Manager
DATE:July 28, 2009
12/08 HUD Region VI
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G9&4N D E'd 0
Certification of Categorical Exclusion (subject to 58.5
J )
Determination of activities listed at 24 CFR 58.35(a)
May be subject to provisions of Sec 58.6, as applicable
Grant Recipient: Round Rock Housing Authority Project Name: Rehab to Westwood location
Project Description (Include all actions which are either geographically or functionally related):
Site improvements/rehab to Westwood location to include fencing, replace cabinets, roofing,
painting/powerwashing, and add accessibility ramps/railing.
Location: 1100 Westwood Drive Round Rock, TX 78664
Funding Source: CDBG HOME ESG HOPWA EDI Capital Fund Operating Subsidy Hope VI Other
Funding Amount: $137,961.00 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:
x
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;
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.
City Manager
Responsible Entity Certifying Official Name Title (please print)
`` " Q009
sible Entity Certifying Official Signature Date
.35(a) - ERR Document
Itli-041-0%- 'so (1
12/08 Region VI
DATE: August 3, 2009
SUBJECT: City Manager Approval at the August 7, 2009 Staff Meeting
ITEM: Consider execution of the Certification of Categorical Exclusion and
Statutory Checklist for the grant of CDBG funds to the Round Rock
Housing Authority.
Department:
Staff Person:
Planning and Community Development Department
Jim Stendebach, Director of Planning and Community Development
Liz Alvarado, Community Development Assistant
Justification: The Certification of Categorical Exclusion and Statutory
Checklist have been completed and do 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:
Source of funds:
Outside Resources:
Background Information:
Public Comment:
$0 CDBG Funds
($137,961.00 RRHA HUD Capital Funds)
RRHA HUD Capital Funds
N/A
A Capital Funds Grant in the amount of $137,961.00 will
be used to fund site improvements to 16 units at 1100
Westwood Drive (Round Rock Housing Authority
Westwood location) Round Rock, Texas.
None.
5/12/2009
Request for City Council/City Manager Action
City Council El 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
Received:
For t o NLY
AUG 0 5 2009 ; t
Tag #:
Original Documents Received:
Project Name: RRHA - Rehab to Westwood Location 16 units
ContractorNendor: N/A
Funding Source:
Additional funding Source:
Amount: $0.00
City Manager -
August 7, 2009
Account Number: N/A
Consider execution of the Certification of Categorical Exclusion and Statutory Checklist for the grant of HUD Capitol funds to the Round Rock Housing Authority.
Finance Information
Is Funding Required? Yes ■ No
Initial Construction Contract
Q Construction Contract Amendment
Change Order
OChange in Quantity Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement
ED Purchasing/Service Agreement
ED Purchase Order
Item(s) to be purchased
EJOther (Please clearly identify action on lines below)
HUD Capital Funds (No CDBG funds)
Amount
Required for Submission of ALL C" Council and City Manager Items
Project Mgr. Signature:
Dept. Director Signature:
*City Attorney Signatur
City Manager Signature:
Date:
Date:
Date:
*City Attorney signature is required for all items.
REVISED 8/5/2009
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning & Community Development Project Name: RRHA - Rehab to Westwood Location 16 units
Project Mgr/Resource: Elizabeth Alvarado
ECouncil Action:
ORDINANCE
Agenda Wording
ContractorNendor:
Q RESOLUTION
City Manager Approval
CMA Wording
Consider execution of the Certification of Categorical Exclusion and Statutory Checklist for the grant of CDBG funds to the Round
Rock Housing Authority
Attorney Approval
Attorney
Notes/Comments
Date
+-y f y n ,-Tt.
0Awdox1SCCints1017910900WISC100167188.XLS
Updated 6/3/08