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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: HABITAT FOR HUMANITYProject Name: Land Acquisition
Project Description (Include all actions which are either geographically or functionally related):
Purchase of land (3 lots) for the construction of affordable housing for low income families.
Location:
Rock, TX 78664
Funding Source:
Funding Amount: 1,000.00 Grant Number: B -08 -MC -48-0514
1511 East Main Street, 410 East Anderson Street, 1 unspecified location in Round
HOME ESG HOPWA EDI Capital Fund Operating Subsidy Hope VI Other
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 Statutor Checklist. By signing below the Responsible Entity certifies in
writing that each activity or project is a egortca y Excluded (su.ject to 8.5) 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.
sponsible Entity Certifying Official Name
Re
City Manager
Title (please print)
ible Entity Certifying Official Signature Date
24 CFR 58.35(a) - ERR Document
l". 1Y -09-09- ti 2_
12/08
12-
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;
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.
X
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 Statutor Checklist. By signing below the Responsible Entity certifies in
writing that each activity or project is a egortca y Excluded (su.ject to 8.5) 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.
sponsible Entity Certifying Official Name
Re
City Manager
Title (please print)
ible Entity Certifying Official Signature Date
24 CFR 58.35(a) - ERR Document
l". 1Y -09-09- ti 2_
12/08
12-
12/08 Region VI
STATUTORY CHECKLIST
24 CFR §58.5 STATUTES, EXECUTIVE ORDERS & REGULATIONS
Project Name: Habitat for Humanity of Williamson County — Land Acquisition
Project Description (Include purpose, need, and all actions which are either geographically or fiinctionally related):
Purchase and clearance of real property for the construction of affordable housing for persons of low to
moderate income.
Location: 410 East Anderson Street , Round Rock, TX
If this project is determined to be categorically excluded according to: 24 CFR 58.35, then use Statutory
Checklist for Categorical Excluded projects only.
Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
N/A Consultation, Consistency Condition.
Review, Determination rlitigalion
Permits
Required
Comuliance Documentation
Appendix III
Historic PreservationX
[36 CFR Part 800]
As per Charles Peveto, Texas Historical Commission,
project is not eligible for listing in the National
Register of Historic Places. Project may proceed. See
letter.
Floodplain Management
[24 CFR 55, Executive
Order 11988]
X
Project is not located in a floodplain zone. See map.
Project is located in Zone X firm map
#484910C495E.
Wetland Protection
[Executive Order 11990]
X
Project is not located near or on any wetlands. As per
wetlands definition and field observation there are no
wetlands at project site. See attached documentation.
Coastal Zone Management
Coastal Zone Management Act
[Sections 307(c), (d)]
X
Project is not located in or near the coastal barrier
zones. See map of coastal barrier zones in Texas.
Sole Source Aquifers
Safe Drinking Water Act
(42 USC 201, 300(0
& 21 U.S.C. 349) [40 CFR 149]
X
Project is not located in or near the Edwards Aquifer.
See map. Project will not contaminate the Edwards
Aquifer.
Fish and Wildlife
Endangered Species Act
[50 CFR 402]
X
Project is in a residential and developed area and due
to the nature of the project it will not affect any
threatened or endangered species. See list of
endangered species of Williamson County.
Wild and Scenic Rivers
Wild and Scenic Rivers Act
[Sections 7(b), and (c)]
X
Project is not located near any wild and scenic rivers.
Big Bend Park is the only wild and scenic river in
Texas.
Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
N/A Consultation,
Review,
Pamirs
Required
Consistency Condition,
Determination Mitigation
Compliance Documentation
Appendix III
Clean Air
Clean Air Act
[Sections 176(c), (d),
and 40 CFR 6, 51, 93]
X
Project will not affect the air quality. The project will
not add additional parking spaces and will not
generate more traffic that will affect the air quality of
Round Rock. See attached email from City of Round
Rock.
Farmland Protection
Farmland Protection Policy Act
[7 CFR 658]
X
The project will be in a developed residential
neighborhood in the city limits of Round Rock that is
an urban city. No farmland will be impacted.
Environmental Justice
[Executive Order 12898]
X
Project includes assistance to low-income or
disadvantaged populations and is determined not to
have a disproportionate adverse impact on these
populations.
HUD ENVIRONMENTAL STANDARDS
Noise Abatement and Control
[24 CFR 5113]
Explosive and Flammable Operations
[24 CFR 51C1
Toxic Chemicals and Radioactive
Materials [24 CFR 58.5(1)]
X
The project does not involve development of noise
sensitive uses, OR the project is not within I,000 feet
of a major or arterial roadway, 3,000 feet of a
railroad, or I5 miles from a major (listed) airport.
See map of nearest airport.
X
As per City of Round Rock there are no explosives or
flammable operations within 1 mile of project site.
See entail.
X
The proposed project is in a residential area and not
within one mile of National Priority List (NPL)
"Superfund" site, or 2,000 feet of a State hazardous
materials site, or other known toxic site. Project site
is not located next to dumps, landfills, industrial sites
and other operations with hazardous wastes. See list
ofNPL sites in Texas.
PREPARER SIGNATURE.
PREPARER NAME:
OFFICIAL SIGNATURE:
NAME, TITLE: J me . N1.lse, P.E., City Manager
24 CFIt 58.5 - ERR Document
aetreodkE
Elizabeth G. Alvarado
RESPONSIBLE ENTITY AGENCY
DATE: !" 40?
12/08 HUD Region VI
STATUTORY CHECKLIST
24 CFR §58.5 STATUTES, EXECUTIVE ORDERS & REGULATIONS
Project Name: Habitat for Humanity of Williamson County — Land Acquisition
Project Description (Include purpose, need, and all actions which are either geographically or functionally related):
Purchase of land to include clearance and demolition
Location: 1511 East Main Street , Round Rock, TX
If this project is deterntined to be categorically excluded according to: 24 CFR 58.35, theft use Statutory
Checklist for Categorical Excluded projects only.
Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
NIA Consultation, Consistency Condition,
Review, Determination Mitigation
Permits
Required
Compliance Documentation
Appendix III
Historic Preservation
[36 CFR Part 800]
X
As per Charles Peveto, Texas Historical Commission,
project is not eligible for listing in the National
Register of l listoric Places. Project may proceed. See
letter.
Floodplain ManagementX
[24 CFR 55, Executive
Order 11988]
Project is not located in a floodplain zone. See map.
Project is located in Zone X firm map
fl484910C495E,
Wetland Protection
[Executive Order 11990]
X
Project is not located near or on any wetlands. As per
wetlands definition and field observation there are no
wetlands at project site. See attached documentation.
Coastal Zone Management
Coastal Zone Management Act
[Sections 307(c), (d)]
X
Project is not located in or near the coastal barrier
zones. See map of coastal barrier zones in Texas.
Sole Source Aquifers
Safe Drinking Water Act
(42 USC 201, 300(0
& 21 U.S.C. 349) [40 CFR 149]
X
Project is not located in or near the Edwards Aquifer.
See map. Project will not contaminate the Edwards
Aquifer.
Fish and Wildlife
Endangered Species Act
[50 CFR 402]
X
Project is in a residential and developed area and due
to the nature of the project it will not affect any
threatened or endangered species. See list of
endangered species of Williamson County.
Wild and Scenic Rivers
Wild and Scenic Rivers Act
[Sections 7(b), and (c)]
X
Project is not located near any wild and scenic rivers.
Big Bend Park is the only wild and scenic river in
Texas.
Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
N/A Consultation, Consistency Condition,
Review. Determination Mitigation
eetmiss
Required
Compliance Documentation
Appendix III
PREPARER SIGNATURE:
PREPARER NAME: Elizabeth G. Alvarado
RESPONSIBLE ENTITY AGENCY
OFFICIAL SIGNATURE: DATE: ("7"D9
NAME, TITLE: Jam�s4 . Nuse, P.E., City Manager
Clean Air
Clean Air Act
[Sections 176(c), (d),
and 40 CFR 6, 51, 93]
X
Project will not affect the air quality. The project will
not add additional parking spaces and will not
generate more traffic that will affect the air quality of
Round Rock. See attached email from City of Round
Rock.
Farmland Protection
Farmland Protection Policy Act
[7 CFR 658]
X
The project will be in a developed residential
neighborhood in the city limits of Round Rock that is
an urban city. No farmland will be impacted.
Environmental Justice
[Executive Order 12898]
X
Project includes assistance to low-income or
disadvantaged populations and is determined not to
have a disproportionate adverse impact on these
populations.
HUD ENVIRONMENTAL STANDARDS
Noise Abatement and Control
[24 CFR 51B]
X
The project does not involve development of noise
sensitive uses, OR the project is not within 1,000 feet
of a major or arterial roadway, 3,000 feet of a
railroad, or 15 miles from a major (listed) airport.
See map of nearest airport.
Explosive and Flammable Operations
[24 CFR 5 i C]
X
As per City of Round Rock there are no explosives or
flammable operations within I mile of project site.
See email.
Toxic Chemicals and Radioactive
Materials [24 CFR 58.5(1)]
X
The proposed project is in a residential area and not
within one mile of National Priority List (NPL)
"Superfund" site, or 2,000 feet of a State hazardous
materials site, or other known toxic site. Project site
is not located next to dumps, landfills, industrial sites
and other operations with hazardous wastes. See list
of NPL sites in Texas.
PREPARER SIGNATURE:
PREPARER NAME: Elizabeth G. Alvarado
RESPONSIBLE ENTITY AGENCY
OFFICIAL SIGNATURE: DATE: ("7"D9
NAME, TITLE: Jam�s4 . Nuse, P.E., City Manager
24 CFR 58.5
STATUTORY CHECKLIST
For Categorical Excluded Projects Only
Page 1 of 2
24 CFR §58.5 STATUTES, EXECUTIVE ORDERS & REGULATIONS
Grant Recipient: Habitat for Humanity of Williamson County Project Name: Land Acquisition
Project Description (Include all actions which are either geographically or functionally related):
Purchase and clearance of real property for the construction of affordable housing for persons of low to moderate income.
Location: Site unspecified — City wide — City of Round Rock, TX
'This project is determined to be categorically excluded according to: [Cite section(s)] 24 CFR 58.35 (a) (3)
Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
N/A Consultation, Consistency Condition, Compliance Documentation
Re iew, Detemtination Mitigation
Penniu
Required
Historic Preservation
[36 CFR Part 800]
X
Determination will be made on the Site Specific
Environmental checklist. See attached written strategy.
Floodplain Management
[24 CFR 55, Executive
Order 11988]
x
Determination will be made on the Site Specific
Environmental checklist. See attached written strategy.
Wetland Protection
[Executive Order 1 ! 990]
X
The project will not impact wetlands. There arc no wetlands
in the City of Round Rock. See definition of wetlands
attached.
Coastal Zone Management Act
[Sections 307{C}, (d)]
X
The project will not impact the coastal zone barrier. The
City of Round Rock is an inland city and not near the coast.
See map of Coastal Barrier of Texas attached.
Sole Source Aquifers
[40 CFR 149], SDWA (42 U.S.C.
201, 300(0 et seq., and 21 U.S.C.
349)
X
The only designated sole Source Aquifer in Texas are
Edwards Aquifer, in the San Antonio and Austin Areas.
See Wrap of Aquifer. Project will not impact the Aquifer.
Endangered Species Act
[50 CFR 402]
X
The project will not impact threatened or endangered
species in Williamson County. See list of threatened and
endangered species.
Wild and Scenic Rivers Act
[Sections 7(b), and (c)]
X
The City of Round Rock is an urban area. Designated Wild
and Scenic Rivers in the State of Texas are the Rio Grande
Wild and Scenic River located in Big Bend National Park.
City is located 500 miles away from Big Bend National
Park (sec map).
Clean Air Act
[Sections 176(c), (d),
and 40 CFR 6, 51, 93]
X
Project will not affect the air quality. The project will not
add additional parking spaces and will not generate more
traffic that will affect the air quality of the City of Round
Rock. See email from City of Round Rock.
Farmland Protection Policy Act
[7 CFR 658]
X
The project will not impact farmland. TIie City of Round
Rock is a developed urban area.
24 CFR 58.5
Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
N/A Consultation, Consistency Condition, Compliance Documentation
Re+iew, Determination Mitigation
Permits
Required
Page 2 of 2
DETERMINATION:
( ) 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
( X)
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:
PREPARER NAME:
DATE:
0.6e0 b. NJ/a/wiz
Elizabeth Alvarado, Community Development Assistant
G.. . &iaoG,
RESPONSIBLE ENTITY AGENCY
OFFICIAL SIGNATURE:
NAME, TITLE: V James R. Nuse, P.E., City Manager
DATE:
ERR Document
9'- 4-o9
12/08 HUD Region VI
Environmental Justice
[Executive Order 12898]
,
X
Project will include assistance to low-income or r
disadvantaged populations and is determined not to have
disproportionate adverse impact on these populations,
HUD ENVIRONMENTAL STANDARDS
Noise Abatement and Control
[24 CFR 5l B]
X
Determination will be made on the Site Specific
Environmental checklist. See attached written strategy.
Explosive and Flammable
Operations
[24 CFR 51C]
X
Determination will be trade on the Site Specific
Environmental checklist. Sec attached written strategy.
Toxic Chemicals and Radioactive
Materials [24 CFR 58.5(i)]
x
Deters» nation will be made on the Site Specific
Environmental checklist. See attached written strategy.
DETERMINATION:
( ) 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
( X)
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:
PREPARER NAME:
DATE:
0.6e0 b. NJ/a/wiz
Elizabeth Alvarado, Community Development Assistant
G.. . &iaoG,
RESPONSIBLE ENTITY AGENCY
OFFICIAL SIGNATURE:
NAME, TITLE: V James R. Nuse, P.E., City Manager
DATE:
ERR Document
9'- 4-o9
12/08 HUD Region VI
DATE: August 31, 2009
SUBJECT: City Manager Approval at the September 4, 2009 Staff Meeting
ITEM: Consider executing Statutory Checklists related to the Habitat for
Humanity Land Acquisition Project.
Department:
Staff Person:
Planning and Community Development Department
Jim Stendebach, Director of Planning and Community Development
Liz Alvarado, Community Development Assistant
Justification: The Statutory Checklist has been completed and does not require
any mitigation for compliance with any listed statutes or authorities.
A Request for Release of Funds was published on August 25, 2009.
After the comment period ends on September 9, 2009 a HUD form
7015 Request for Release of Funds will be sent to HUD.
Funding:
Cost:
Source of funds:
Outside Resources:
Background Information:
Public Comment:
N/A
N/A
N/A
Habitat for Humanity was approved in the amount of
$150,000.00 for CDBG YR 2008-2009. Project description
is to purchase three (3) parcels to include clearance and
demolition to build affordable homes for low income
families.
None.
5/12!2009
Request for City Council/City Manager Action
0 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: Liz Alvarado
Project Coordinator: Jim Stendebach
Assigned Attorney: Steve Sheets
City Council or City Manager Approval Date:
Agenda Wording
Received:
FoRfinji iiRtdAbilie ONLY
SEP 0 2 2009
Tacit ( 0\- c - tO - 11a.
Original Documents Received: 2,
Project Name: Statutory Checklists
ContractorNendor: N/A
Funding Source:
Additional funding Source:
Amount: $0.00
City Manager -
September 4, 2009
Account Number. N/A
Consider executing Statutory Checklists related to the Habitat for Humanity Land Acquisition Project.
Finance Information
Is Funding Required?
Initial Construction Contract
Construction Contract Amendment #
Change Order #
Yes Q No
11jChange in Quantity Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/ServiceAgreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action on lines below)
Amount
R
uired for Submission of ALL Ci Council and Ci Mana, er Items
Project Mgr. Signatu
Dept. Director Signature:
*City Attorney Signature:
City Manager Signature:
9-4-01
Date: -�
*City Attorney signature is required for all items.
REVISED 9/2/2009
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Planning
Project Mgr/Resource: Elizabeth Alvarado
Ej Council Action:
ORDINANCE
Agenda Wording
Project Name: Statutory Checklists
ContractorNendor:
El RESOLUTION
City Manager Approval
CMA Wording
Consider executing Statutory Checklists related to the Habitat for Humanity Land Acquisition Project.
Attorney Approval
Attorney
Notes/Comments
Date 2/21
O:lwdox\FORMSIcorrtagenda100139648
Updated 6/3/08