Loading...
CM-10-09-175ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. City Manager Approval Summary Sheet Item Caption: Consider executing Environmental Review and FONSI/RROF for Buck Egger Park Project Approval Date: September 3, 2010 Department: Finance / CDBG Project Manager: Liz Alvarado Item Summary: CONSIDER EXECUTING THE ENVIRONMENTAL REVIEW FORMS AND THE FINDING OF NO SIGNFICANT IMPACT AND REQUEST FOR RELEASE OF FUNDS LEGAL ADVERTISEMENT FOR THE CDBG 2010-2011 BUCK EGGER PARK PROJECT. Strategic Plan Relevance: N/A Cost: Source of Funds: N/A N/A REV. 6/10/10 COMBINED NOTICE NOTICE TO PUBLIC OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE TO PUBLIC OF REQUEST FOR RELEASE OF FUNDS Date of Publication: Thursday, September 9, 2010 CITY OF ROUND ROCK, TX 221 EAST MAIN STREET ROUND ROCK, TX 78664 (512) 341-3328 TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS: These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Round Rock. REQUEST OF RELEASE OF FUNDS On or about October 4, 2010 the City of Round Rock will submit a request to the U.S. Department of Housing and Urban Development for the release of federal funds under Community Development Block Grant funds under Title I of the Housing and Community Development of the Act of 1974, the Emergency Shelter Grant Program funds under Title IV Stewart B. McKinney- Vento Homeless Act, the HOME Investment Partnership Programs authorized by Title II of the Cranston -Gonzalez National Affordable Housing Act (NAHA), for its 2010-2011 Work Plan for Program Year 2010-2011 as listed below: Following below are proposed expenditures for the 2010-2011 Annual Plan, which must be reviewed for possible environmental impact as mandated by the National Environmental Policy of 1969 and HUD Department regulations implementing the NEPA requirements as found in 24 CFR 58. Grantee HUD Code Activity Description Amount Total City of Round Rock Parks & Recreational Department 03F Installation of a synthetic turf multi-purpose practice field, park benches, picnic tables, trash receptacles, large shade trees and new field lighting. Funding may not allow for construction of entire project description. Any part of this project not done with this funding may be done with future funding. $300,711.00 $300,711.00 ICANT IMPACT The City of Round Rock has completed an Environmental Review Record (ERR) of this project as a whole. The ERR identifies the environmental review for the project which entails all pertinent information that is available to the City of Round Rock at this time. The Environmental Review Record (ERR) is on file at the Office of Community Development located at 221 East Main Street Round Rock, TX 78664 and can be examined or copied weekdays 8:00 A.M. to 5:00 P.M. No further environmental reviews of said projects are proposed to be conducted prior to the request for release of federal funds. PUBLIC COMMENTS Any individual, group, or agency disagreeing with this determination or wishing to comment on this project may submit written comments on the ERR to the City of Round Rock, Office of Community Development at 221 East Main Street Round Rock, TX 78664. All comments received by September 24, 2010 will be considered by the City of Round Rock prior to authorizing submission of a request for release of funds. Comments should specify which part of this Notice they are addressing. RELEASE OF FUNDS The City of Round Rock certifies to U.S. Department of Housing and Urban Development that James R. Nuse, P.E., in his capacity as City Manager consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. U.S. Department of Housing and Urban Development approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the City of Round Rock to use Program funds. OBJECTIONS TO RELEASE OF FUNDS HUD will considers objections to its release of fund and the City of Round Rock certification received from October 4, 2010 to October 19, 2010, or a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) That the certification was not, in fact, executed by the certifying officer of Round Rock; or (b) Round Rock has omitted a step or failed to make a decision or fmding required by HUD regulations at 24 CFR; or (c) the grant recipient or other participants in the project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to U.S. Department of Housing and Urban Development at One Alamo Center, 106 South St. Mary's Street, Suite 405, San Antonio, Texas 78205. Potential objectors should contact the HUD office to verify the actual last day of the objection period. 5 s R. Nuse, P.E. City Manager Compliance Documentation Checklist 24 CFR 58.6 PROJECT NAME / DESCRIPTION: Buck Egger Park Project: Park improvements and installation of new synthetic turf, park amenities, 20 space parking lot and lighting. Level of Environmental Review Determination: (4) Environmental Assessment per 58.36 Select One: (1) Exempt per 24 CFR 58.34, or (2) Categorically Excluded not subject to statutes per § 58.35(b), or (3) Categorically Excluded subject to statutes, per § 58.35(a), or (4) Environmental Assessment per § 58.36, or (5) EIS per 40 CFR 1500 STATUTES and REGULATIONS listed at 24 CFR 58.6 FLOOD DISASTER PROTECTION ACT 1. Does the project involve acquisition, construction or rehabilitation of structures located in a FEMA -identified Special Flood Hazard? ® No; Cite Source Document: the project is not located in a floodplain. See panel map #48491C0495E ❑ Yes; Source Document: 2. Is the community participating in the National Insurance Program (or has less than one year passed since FEMA notification of Special Flood Hazards)? N/A ❑ Yes (Flood Insurance under the National Flood Insurance Program must be obtained and maintained for the economic life of the project, in the amount of the total project cost. A copy of the flood insurance policy declaration must be kept on file). (Appendix I) ❑ No (Federal assistance may not be used in the Special Flood Hazards Area). COASTAL BARRIERS RESOURCES ACT 1. Is the project located in a coastal barrier resource area? No; Cite Source Documentation: Project is not located in or near the Texas Coastal Barrier. See map of the Texas Coastal Zone. (This element is completed). ❑ Yes - Federal assistance may not be used in such an area. AIRPORT RUNWAY CLEAR ZONES AND CLEAR ZONES DISCLOSURES 1. Does the project involve the sale or acquisition of existing property within a Civil Airport's Runway Clear Zone or a Military Installation's Clear Zone? ® No; Source Documentation: project is not in or near an airport. See map of nearest airport. Project complies with 24 CFR 51.303(a)(3). ❑ Yes; Disclosure statement must be provided to buyer and a copy of the signed disclosure must be maintained in this Environmental Review Record (Appendix II) Prepared by (name and ti , please print): Elizabeth Alvarado, CDBG Coordinator Signature: otet-46 Date: August 24, 2010 STATUTORY CHECKLIST 24 CFR §58.5 STATUTES, EXECUTIVE ORDERS & REGULATIONS Project Name: Buck Egger Park Project Project Description (Include purpose, need, and all actions which are either geographically or functionally related): Park improvements and installation of new synthetic turf, park amenities, 20 space parking lot and lighting. Location: 900 South Mays Street Round Rock, TX 78664 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 Mitigation Permits Required Compliance Documentation Appendix III Historic Preservation [36 CFR Part 800] X SHPO (State Historical Preservation Officer) agrees that there are No Historic Properties Affected per 36 CFR 800.4, no adverse effects on historic properties per 800.5. See letter from SHPO. Floodplain Management [24 CFR 55, Executive Order 11988] X The project does not involve property acquisition, management, construction or improvements with a 100 yr floodplain (Zones a or V) identified by Fema map #48491C0495E and does not involve a "critical action" within a 500 yr floodplain (zone B). Wetland Protection [Executive Order 11990] X The project does not involve new construction within or adjacent to wetlands, marshes, wet meadows, mud flats or natural ponds per field observation and maps issued by the USDI Fish & Wildlife. See pictures and map. Coastal Zone Management Coastal Zone Management Act [Sections 307(c), (d)] X The project does not involve the placement, erection or removal of materials, nor an increase in intensity of use in the Coastal Zone (CZ). See map of Texas Coastal Zone. Sole Source Aquifers Safe Drinking Water Act (42 USC 201, 300(0 & 21 U.S.C. 349) [40 CFR 149] X The project is not located within a U.S. EPA designated sole source aquifer watershed area per EPA Ground Water office (see map and info) Fish and Wildlife Endangered Species Act [50 CFR 402] X The RE determines that the proposal will have "no effect" or "is not likely to adversely affect" any federally protected (listed or proposed) Threatened or Endangered Species (i.e. plants or animals, fish, invertebrates). This determination is based on review of applicable threatened or endangered species lists provided for the are and the determination of effect on available habitat. Project is in a developed urban Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §58.5 N/A Consultation, Consistency Condition, Review, Determination Mitigation Permits Required Compliance Documentation Appendix III PREPARER SIGNATURE: 0-4ea age,vit.tek) DATE: g ' ' l0 PREPARER NAME: Elizabeth Alvarado OFFICIAL SIGNATURE: NAME, TITLE: 24 CFR 58.5 - ERR Document HUD Region VI SPONSIBLE ENTITY AGENCY DATE: 77 J70 R. Nuse, P.E., City Manager 12/08 area. Wild and Scenic Rivers Wild and Scenic Rivers Act [Sections 7(b), and (c)] X The project is not located within 1 mile of a listed Wild and Scenic River. Closest wild and scenic river is 474 miles from project site (see attached info). Clean Air Clean Air Act [Sections 176(c), (d), and 40 CFR 6, 51, 93] X Project will not impact the clear air act. See email from John Dean, Transportation Dept. City of Round Rock TX. Farmland Protection Farmland Protection Policy Act [7 CFR 658] X Project site does not include prime or unique farmland. Project is in urban developed area and not in or near protected farmland. See list of activities not subject to FPPA. Environmental Justice [Executive Order 12898] X The proposed site is suitable for its proposed use and will not be adversely impacted by adverse environmental conditions; project will not impact the environment. See email from City of Round Rock Transportation Dept and EJ Map. HUD ENVIRONMENTAL STANDARDS Noise Abatement and Control [24 CFR 51 B] X The project does not involve the development of noise sensitive uses. Project is not located near an airport. Nearest airport is 27.6 miles from project site. See map. Explosive and Flammable Operations [24 CFR 51C] X Project is not located near any areas that are zoned for industrial use or Groups I,E, or R occupancies. See email from City of Round Rock and ordinance City of Round Rock. See city zoning map showing industrial use areas. Toxic Chemicals and Radioactive Materials [24 CFR 58.5(i)] X Project is not located near any areas that are zoned for industrial use or Groups I,E, or R occupancies. See email from City of Round Rock and ordinance City of Round Rock and city zoning map. PREPARER SIGNATURE: 0-4ea age,vit.tek) DATE: g ' ' l0 PREPARER NAME: Elizabeth Alvarado OFFICIAL SIGNATURE: NAME, TITLE: 24 CFR 58.5 - ERR Document HUD Region VI SPONSIBLE ENTITY AGENCY DATE: 77 J70 R. Nuse, P.E., City Manager 12/08 Environmental Assessment Page 1 of 5 Environmental Assessment Checklist Project Name and Identification No. Buck Egger Park Impact Categories IMPACT REQUIRES NOTE CONDITIONS AND/OR SOURCE ANTICIPATED MITIGATION DOCUMENTATION THAT SUPPORTS FINDIr OR MODIFICATION REFERENCE NOTES NONE I MINOR MAJOR Land Development Conformance with Comprehensive Plans and Zoning x This is an existing park and will not impact conforma with comprehensive plans and zoning. Compatibility and Urban Impact x This is an existing park and will not impact compatib and urban impact. Slope x This is an existing park. Field observation does not s slope. Erosion x Field observation does not show erosion. Soil Suitability x Project will not impact soil. Hazards and Nuisances Including Site Safety x Project will not create hazards and nuisances. Energy Consumption x Project will not impact energy consumption. Noise Effects of Ambient Noise on Project and Contribution to Community Noise Levels X NOT A NOISE SENSITIVE PROJECT. Air Quality Effects of Ambient Air Quality on Project and Contribution to Community Pollution Levels x This project will not contribute to community pollutio levels. Environmental Design, Historic Values and Urban Im act Visual Quality x Coherence, Diversity, Compatible Use This is an existing park. Environmental Design will ni impacted. and Scale Historic, Cultural and Archaeological Resources x This project has been cleared by SHPO (State Histori Preservation Office) Environmental Assessment Environmental Assessment Checklist Page 2 c Impact Categories IMPACT REQUIRES NOTE CONDITIONS AND/OR SOURCE ANTICIPATED MITIGATION DOCUMENTATION THAT SUPPORTS FINDING OR MODIFICATION REFERENCE NOTES NONE 1 MINOR MAJOR Socioeconomic Demographic Character Changes x Displacement x This project will not change any demographics. This is an existing park. This project will not displace anyone. This is an existing p Employment and Income Patterns x This project will not impact employment and income patte Community Facilities and Services. Educational Facilities x This project will not impact educational facilities. Commercial Facilities x This project will not impact commercial facilities. Health Care x This project will not impact health care. Social Services x This project will not impact social services. Solid Waste x Waste Water x Storm Water x The project will not create a large amount of solid waste ti will impact the city's existing removal of solid waste. The project will not impact waste water. May be a minor effect due to parking lot. Water Supply x The project will not impact the water supply. Public Safety Police x The project will not create a need for additional police. Fire x The project will not create a need for additional fire. Emergency Medical x Open Open Space Space and Recreation x The project will not create the need for additional emerger medical. The project is an existing park. Recreation x The project is an existing park. Cultural Facilities x Transportation x The project will not create a need for additional cultural facilities. The project will not create the need for additional transportation services. Environmental Assessment Environmental Assessment Checklist Page 3 c Impact Categories IMPACT REQUIRES NOTE CONDITIONS AND/OR SOURCE ANTICIPATED MITIGATION DOCUMENTATION THAT SUPPORTS FINDIlI OR MODIFICATION REFERENCE NOTES NONE MINOR MAJOR Natural Features Water Resources x The project will not impact any water resources. Surface Water x The project will not impact any surface water. Floodplains x The project site is not located in a floodplain. See r Wetlands x The project is not in or near wetlands. Coastal Zone x The project site is not near the coastal zone. Unique Natural Features and Agricultural Lands x Vegetation and Wildlife x The project is not located near unique natural featu or agricultural lands. Project will not impact vegetation and wildlife. Summary of Findings and Conclusions There were no findings and conclusions. Summary of Environmental Conditions Project will not impact environmental conditions. Environmental conditions are hot and humin Environmental Assessment Environmental Assessment Checklist Alternatives Determine and describe possible alternatives to the proposed project, including the 'no action' alternative. The feasibility of each alternative and the reasons why each should be adopted or rejected should be discussed sufficiently to indicate that an adequate consideration of each alternative has occurred. Consider alternatives in scope, location, design, and/or materials. Alternatives are not needed. Summary of Existing Conditions and Future Trends Existing conditions are hot and humid. Additional Studies Performed (Attach Study or Summary) No additional studies were performed. Mitigation Measures Needed: Mitigation was no needed. Page 4 c Environmental Assessment Environmental Assessment Checklist Finding of No Significant Impact 1. Is project in compliance with applicable laws and regulations? ®Yes ❑No 2. Is an EIS required? ❑Yes No 3. Finding of No Significant Impact (FONSI) can be made. Project will not significantly affect the quality of the human environment. ®Yes ❑No Prepared By: Elizabeth Alvarado Title: Date: Certified By: Title: Date: CDBG Coordinator August 24, 2010 es R. Nuse, P.E., City Manager Docname: GreenBook6 Revised 12/08 Page 5 c