CM-12-08-162RECEIVED
AUG 2 9 2012
City Manager Approval Form
Item Caption: Consider executing a Statutory Checklist and Environmental Assessment Checklist for the Street Imp. Prcii
Approval Date: August 31, 2012
Department Name: Finance Department
Project Manager:
Liz Alvarado
Assigned Attorney:
Jason Rammel
Item Summary:
Consider executing the Statutory Checklist and the Environmental Review Record Categorically Excluded Subject to 58.5 National
Environmental Policy Act (NEPA) for the Street Improvements project located at the Greenhill Neighborhood.
All project files must maintain a written record of the environmental review undertaken for each project, which is termed the
Environmental Review Record (ERR) (§58.38). The ERR must contain all of the environmental review documents, public notices,
written determinations, environmental findings pertaining to decision-making and actions related to individual projects.
Commitment of HUD or Non -HUD funds must not be made until the Part 58 environmental review process is completed.
Completion of these checklists constitute a quick, yet well documented review of environmental issues surrounding a specific
project or group of projects and a decision as to how to proceed in further analysis.
The checklists cover statutes, regulations, and Executive Orders, other than NEPA to which every project subject to 24 CFR 58
review must respond.
ctratoair (:nal• Groat Nciahhnrhnnrdc - (llyd and Alam
No. of Originals Submitted: 1
Project Name:
Cost:
Source of Funds:
Neighborhood Facility Improvements - Street Improvements at the Greenhill Neighborhood
n/a
Select Source Fund
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Date: 8/27/12
Department Director Approval: Cheryl Delaney
Date: 8/27/12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP ❑ Budget
N/A OK
0
N/A
OK
Purchasing
N/A OK
Accounting
N/A
OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TEXAS 786664
Statutory Checklist for Compliance with 24 CFR §58.5 - NEPA Related
Federal Laws and Authorities
Use this worksheet for projects that are Categorically Excluded Subject to 24 CFR §58.5 listed at 24
CFR §58.35(a) and for projects that require an Environmental Assessment.
Project Name: Facility Improvements
ERR FILE # Street Improvements 2011
Definitions: A: The project is in compliance.
B: The project requires an additional compliance step or action.
Statute, Authority, Executive Order
Cited in cited at 24 CFR §58.5
A
B
COMPLIANCE FINDING
SOURCE DOCUMENTATION
1. 58.5(a) Historic Properties [36
CFR 800]
x
Not applicable to this project
Memo from SHPO date
12/8/2010 page 19
infrastructure projects
exempt from historic
clearance -memo attached.
2. 58.5(b)(1) Floodplain
Management [24 CFR 55, Executive
Order 11988]
x
Not applicable to this project
Project site is NOT located in
a floodplain. Map attached.
3. 58.35(b)(2) Wetland Protection
[24 CFR 55, Executive Order 11990]
x
Not applicable to this project
Project is located in an area
where the environmental
condition or resource is
nonexistent. Maps of area
attached.
4. 58.35(c) Coastal Zone
Management [Coastal Zone
Management Act sections 307(c) &
(d)]
x
Not applicable to this project
Project is located in an area
where the environmental
condition or resource is
nonexistent. Map of Texas coast
is attached.
5. 58.35(d) Sole Source Aquifers
[40 CFR 149]
x
Not applicable to this project
Project is located in an area
where the environmental
condition or resource is
nonexistent. See letter from
EPA on EA boundaries.
6. 35(e) Endangered Species [50
CFR 402]
x
Not applicable to this project
Project is located in an area
where the environmental
condition or resource is
nonexistent. Project area is
developed site and not listed as
a habitat for endangered
species in this area. See
attached documentation.
7. 58.35(f) Wild and Scenic Rivers
x
Not applicable to this project
Project is located in an area
22
0,M -12.0(6 -Nati (I647
[36 CFR 297]
where the environmental
condition or resource is
nonexistent. See
documentation; nearest wild
and scenic river is 474 miles
away.
8. 58.35(g) Air Quality [CFR parts
6, 51,93]
x
Not applicable to this project
Project is not a noise sensitive
use such as a residential
structure, school, hospital,
nursing home, etc.
9. 58.35(h) Farmland Protection [7
CFR 658]
x
Not applicable to this project
Project is located in an area
where the environmental
condition or resource is
nonexistent
10. 58.35(i)(1) Noise Control and
Abatement [24 CFR 51B]
x
Not applicable to this project
Project does not involve a noise
sensitive use such as a
residential structure, school,
hospital, nursing home, library.
11. 58.35 (i) (1) Explosive and
Flammable Operations [24 CFR 51C]
x
Not applicable to this project
Project is located in an area
where the environmental
condition or resource is
nonexistent.
12. 58.5(i)(1) Airport Hazards
(Runway Clear Zones and Clear
Zones/Accident Potential Zones) [24
CFR 51D]
x
Not applicable to this project
Project is located in an area
where the environmental
condition or resource is
nonexistent.
13. 58.5(i)(2)(i) Contamination and
Toxic Substances [24 CFR 58.5(i)(2)]
x
Not applicable to this project
Project is located in an area
where the environmental
condition or resource is
nonexistent.
14. 58.5(j) Environmental Justice
[Executive Order 12898]
x
Not applicable to this project
Nature of project will be in
area with minority and low to
moderate income but this
project will benefit residents.
DETERMINATION:
Box "A" has been checked for all authorities. If Categorically Excluded pursuant to
§58.35(a), the project can convert to Exempt, per §58.34(a) (12), since the project does not
require any compliance measure (e.g., consultation, mitigation, permit or approval) with respect
to any law or authority cited at §58.5. The project is now made Exempt and funds may be
drawn down; OR
❑ Box "B" has been checked for one or more authority. The project cannot convert to Exempt
since one or more authority requires compliance, including but not limited to consultation with
or approval from an oversight agency, performance of a study or analysis, completion of
remediation or mitigation measure, or obtaining of license or permit. Complete pertinent
compliance requirement(s), publish NOI/RROF, request release of funds (HUD -7105.15),
and obtain HUD's Authority to Use Grant Funds (HUD -7015.16) per §58.70 and §58.71
before committing funds; OR
❑ This project may result in a significant environmental impact to the environment and requires
preparation of an Environmental Assessment (EA). Prepare the EA according to 24 CFR Part 58
Subpart E.
23
MITIGATION MEASURES AND CONDITIONS FOR PROJECT APPROVAL: (If Box B is
checked, provide details regarding further consultation, mitigation, permit requirements or approvals
required to be incorporated into public notices and project requirements such as contracts, grants, loan
conditions, etc as described in the Statutory Worksheet).
Preparer s Signature
Elizabeth Alvarado
&t2iA- 4do th-7 boa,
Preparer's Name (printed)
AUTHORIZED RESPONSIBLE ENTITY OFFICIAL:
Authorized Responsible Entity Signature
Steve Norwood
Authorized Responsible Entity Name (printed)
24
Date
CDBG Coordinator
Title (printed)
Date
City Manger
Title (printed)
'ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TEXAS 786664
Categorical Exclusion Subject to §58.5 Determination for Activities Listed at
24 CFR §58.35(a)
Grant Recipient: City of Round Rock Project Name: Facility Improvements
Project Description (Include all actions which are either geographically or functionally related):
Street improvements to include various curb and gutter driveway, pavement repairs, surface milling, hot mix asphalt
concrete overly and pavement striping.
Location: Nicole Cir, Aberdeen Dr, Bradmore Dr, Cameo Dr, Denfield Dr, Easton Dr, Farnswood Dr, Heathwood
Cir, Ameswood Dr, Ameswood Pl, Greenhill Dr
Funding Source: CDBG HOME ESG HOPWA EDI Capital Fund Operating Subsidy Hope VI Other
Estimated Funding Amount: $200,490.40 Grant Number: Program Year 2011
I have reviewed and determined that the above mentioned project is a Categorically Excluded activity (subject to
§58.5) per 24 CFR §58.35(a) as follows:
13
-11xtr ‘to— (i.o2.)
58.35(a) (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);
❑
58.35(a) (2). Special projects directed to the removal of material and architectural barriers that restrict the
mobility of and accessibility to elderly and handicapped persons;
58.35(a) (3). Rehabilitation of buildings and improvements when the following conditions are met:
❑
58.35(a) (3) (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;
❑
58.35(a) (3) (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.
❑
58.35(a) (3) (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.
❑
58.35(a) (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
13
-11xtr ‘to— (i.o2.)
The responsible entity must also complete and attach a §58.5 Statutory Worksheet and a §58.6 Compliance
Checklist. By signing below the Responsible Entity officially determines in writing that all activities covered by this
determination are Categorically Excluded (subject to §58.5) and meets the conditions specified for such exclusion
under section 24 CFR §58.35(a). This document must be maintained in the ERR.
AUTHORIZED RESPONSIBLE ENTITY OFFICIAL:
Or/9,2
Authorized Responsible Entity Signature Date
Steve Norwood
City Manager
Authorized Responsible Entity Name (printed) Title (printed)
14
58.35(a )( (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.
❑
58.35(a) (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).
58.35(a) (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, fmanced, or
disposed of will be retained for the same use.
❑
58.35(a) (6). Combinations of the above activities.
The responsible entity must also complete and attach a §58.5 Statutory Worksheet and a §58.6 Compliance
Checklist. By signing below the Responsible Entity officially determines in writing that all activities covered by this
determination are Categorically Excluded (subject to §58.5) and meets the conditions specified for such exclusion
under section 24 CFR §58.35(a). This document must be maintained in the ERR.
AUTHORIZED RESPONSIBLE ENTITY OFFICIAL:
Or/9,2
Authorized Responsible Entity Signature Date
Steve Norwood
City Manager
Authorized Responsible Entity Name (printed) Title (printed)
14
Worksheet for Preparing 24 CFR §58.5 Statutory Checklist
[Attach to Statutory Checklist]
1. §58.5(a) Historical Properties [36 CFR Part 800]
Historic Properties
a. Does the project include the type of activity that would have the potential to
affect historic properties such as acquisition, demolition, disposition, ground
disturbance, new construction or rehabilitation?
7] Yes ❑No
If Yes, continue.
If No, the project is not the type of activity that has the potential to affect
historic properties. Compliance with this section is complete. Mark box "A" on
the Statutory Checklist for this authority.
b. Do the RE and State Historic Preservation Office (SHPO) have a Programmatic
Agreement (PA) that does not require consultation for this type of activity?
❑ Yes ®No
If Yes, document compliance with the PA. Compliance with this section is
complete. Mark box "A" on the Statutory Checklist for this authority.
If No, continue.
c. Is the project located within or directly adjacent to a historic district?
7Yes NNo
d. Is the structure or surrounding structures listed on or eligible for listing on the
National Register of Historic Places (e.g. greater than 45 years old)?
❑ Yes N] No
e. Were any properties of historical, architectural, religious or cultural significance
identified in the project's Area of Potential Effect (APE)?
❑ Yes RI No
If Yes any of the questions above, continue.
If No to all of the questions above, the project will not affect historic
properties. A concurrence from the SHPO that "no historic properties will be
affected" is required. Compliance with this section is complete. Mark box "A"
on the Statutory Checklist for this authority.
25
f. Have you consulted with the SHPO to determine whether the project will have
"No Adverse Effect on Historic Properties?"
❑ Yes ❑ No
g.
If Yes, continue.
If No, consultation with the SHPO is required.
Does the SHPO concurrence letter received for this project require mitigation or
have conditions?
❑ Yes ❑ No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
h. Have the SHPO and RE agreed on required mitigation or conditions?
❑ Yes ❑ No
If Yes, include mitigation requirements and/or conditions from the SHPO in the
mitigation section of the Statutory Checklist. Mark box "B" on the Statutory
Checklist for this authority.
If No, continue with consultation until resolved.
Historic properties of religious and cultural significance to tribes and
Native Hawaiian organizations
Does the project include the types of activities such as those listed below that
have the potential to affect historic properties of religious and cultural
significance to tribes?
• Ground disturbance (digging);
• New construction in undeveloped natural areas
• Incongruent visual changes — impairment of the vista or viewshed
from an observation point in the natural landscape;
• Incongruent audible changes — increase in noise levels above an
acceptable standard in areas known for their quiet, contemplative
experience;
• Incongruent atmospheric changes — introduction of lights that create
skyglow in an area with a dark night sky;
• Work on a building with significant tribal association;
• Transfer, lease or sale of a historic property of religious and cultural
significance.
n Yes ❑ No
If Yes, continue.
If No, tribal consultation is not required.
26
J•
Does HUD's Tribal Directory Assessment Tool indicate that tribes have an
interest in the location where the project is sited?
(http://portal.hud.gov/hudportal/HUD?src=/program offices/comm planning/en
vironment/tribal)
❑ Yes ❑No
If Yes, contact federally recognized tribe(s) and invite consultation. Continue.
If No, document the result in the ERR. Tribal consultation is not required.
k. Did the tribe(s) respond that they want to be a consulting party?
❑ Yes ❑ No
If Yes, continue.
If No, (no response within 30 days or responded that they do not wish to
consult), document response or lack of response in ERR. Further consultation is
not required.
1. After consulting with the tribe(s) and discussing the project, were any properties
of religious or cultural significance to the tribe(s) identified in the project's
APE?
❑ Yes ❑ No
If Yes, continue.
If No, notify tribe(s) and other consulting parties of your finding of "No
Historic Properties Affected." Tribe(s) has 30 days to object to a finding.
m. After consulting with the tribe(s), will the project have an adverse effect on
properties of religious or cultural significance to the tribe(s)?
n Yes ❑ No
If Yes, consult with tribe(s) and other consulting parties to resolve adverse
effects, including considering alternatives and mitigation measures that would
avoid or minimize adverse effects.
If No, notify tribe(s) and other consulting parties of your finding of "No
Adverse Effects." Tribe(s) has 30 days to object to a finding.
n. Were any objections to a finding received from a consulting tribe?
❑ Yes n No
If Yes, continue with consultation until resolved.
If No, consultation is complete.
Comments:
Cite and attach source documentation: (Correspondence with SHPO/THPO. How
determination of "no potential to cause effects" to historic properties was made.)
27
Information Resources:
National Register of Historic Places:
http://nrhp.focus.nps.gov/natreghome.do?searchtype=natreghome
National Conference of State Historic Preservation Officers:
http://ncshpo.org/
Map of Currently Recognized THPO's:
http://www.nathpo.org/map.html
HUD Tribal Directory Assessment Tool (TDAT):
http://portal.hud.gov/hudportal/HUD?src=/program offices/comm planning/environment/triba
1
Section 106 Agreements Database:
http://portal.hud.gov/hudportal/HUD?src=/program offices/comm Manning/environment/secti
on106
2. §58.5(b) (1) Floodplain Management [24 CFR Part 55]
a. Does the project include minor repairs or improvements on up to four dwelling
units that do not meet the thresholds for "substantial improvement" under
§55.2(b)(8)?
ff Yes ® No
If Yes, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
If No, continue.
b. Is the project located within (or have an impact on) a 100 year floodplain
(Zones A or V) identified by FEMA maps?
❑ Yes ® No
c. Does the project involve a "critical action," per §55.2(b)(2)(i), located within a
500 year floodplain (Zone B) identified by FEMA maps?
❑ Yes ®No
If Yes to (b) or (c), follow HUD's Floodplain Management Regulations 8 -Step
decision-making process of §55.20 to comply with 24 CFR Part 55. The 8 -Step
decision-making process must show that there are no practicable alternatives to
locating the project in the floodplain, and if there are no alternatives, define
measures to mitigate impacts to floodplains and location of the project in the
floodplain. Completion of the 8 -Step decision-making process must be
completed before the completion of an EA per §55.10(a). See Attachment 1 for
an example of the 8 -Step decision-making process. The findings of the
decision-making process must be included in the ERR and summarized in Part
55 and Part 58 public notices. Mark box "B" on the Statutory Checklist for this
authority.
If No to (b) and (c), compliance with this section is complete. Mark box "A" on
the Statutory Checklist for this authority.
28
Comments:
Cite and attach source documentation: (FEMA flood map used to make this finding with the
project location marked on the map. Include the community name, map panel number and date
of map. As applicable, §55.20 8 -Step decision-making process analysis. If FEMA has not
published the appropriate flood map, the RE must make a finding based on best available data.)
For more information see:
FEMA Map Service Center:
http://www.store.msc.fema.gov
3. §58.5(b) (2) Wetlands Protection (E.O. 11990)
a. Does the project involve new construction, land use conversion, major
rehabilitation, or substantial improvements?
® Yes ❑ No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
b. Is the project within or adjacent to or will it affect wetlands, marshes, wet
meadows, mud flats or natural ponds per field observation and maps issued by
the US Fish & Wildlife Service (USFWS) or U.S. Army Corps of Engineers
(Corps)?
❑ Yes ® No
c. Are there drainage ways, streams, rivers, or coastlines on or near the site?
❑ Yes ® No
d. Are there ponds, marshes, bogs, swamps or other wetlands on or near the site?
❑ Yes ®No
e. Does the project involve new construction and/or filling located within a
wetland designated on a USFWS National Wetlands Inventory map?
❑ Yes ®No
If Yes to any of the above, comply with wetlands decision-making process of
24 CFR §55.20. (Use proposed Part 55 published in the Federal Register
January 2012 for wetland procedures). Continue.
If No to all of the above, compliance with this section is complete. Mark box
"A" on the Statutory Checklist for this authority.
29
f. Will the project require a permit from the Corps under Section 404 of the Clean
Water Act and/or will USFWS require wetland mitigation?
❑ Yes ❑ No
If Yes, ensure this is noted in Part 55 and Part 58 public notices. Include all
mitigation measures and permit requirements in the mitigation section of the
Statutory Checklist. Compliance with this section is complete. Mark box "B" on
the Statutory Checklist for this authority.
If No, compliance with this section is complete. Mark box "B" on the Statutory
Checklist for this authority.
Comments:
Cite and attach source documentation: (NWI Map with project location noted in reference to
wetlands. §55.20 8/5 -Step decision-making process analysis for new construction and/or
filling, and any permits received.)
For more information see:
USFWS National Wetlands Inventory — Geospatial Wetlands Digital Data:
http://www.FWS.gov/wetlands/data/index.html
Recognizing wetlands:
http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/techbio/rw bro.pdf
4. §58.5(c) Coastal Zone Management [Coastal Zone Management Act of 1972, Sections
307(c) & (d)]
a. Does the project involve new construction, land use conversion, major
rehabilitation, or substantial improvements?
® Yes ❑ No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
b. Is the project located within a Coastal Zone as defined in your state Coastal
Zone Management (CZM) Plan?
❑ Yes ® No
If Yes, the State CZM Agency must make a finding that the project is consistent
with the approved State CZM Plan. Mark box "B" on the Statutory Checklist for
this authority.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
Comments:
Cite and attach source documentation: (Map showing project in relation to the nearest Coastal
Zone Management area. If applicable, State's findings.)
30
For additional information see:
States and Territories Working with NOAA on Ocean and Coastal Zone Management:
http://coastalmanagement.noaa.gov/mystate/welcome.html
Texas Coastal Zone Management Program:
http://www.glo.texas.gov/what-we-do/caring-for-the-coast/grants-funding/cmp/index.html
Texas Coastal Zone Boundary:
http://www.glo.texas.gov/what-we-do/caring-for-the-coast/ documents/landing-page-
folder/CoastalBoundaryMap.pdf
Louisiana Office of Coastal Management:
http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=8 5 &ngid=5
Louisiana Coastal Zone Boundary:
http: //dnr. loui siana. gov/index. cfm?md=pagebui lder&tmp=home&pid=8 8
5. §58.5(d). Sole Source Aquifers [40 CFR Part 149]
a. Does the project involve new construction or land use conversion?
❑ Yes ® No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
b. Is the project located within a U.S. Environmental Protection Agency (EPA) -
designated sole source aquifer watershed area per EPA Ground Water Office?
❑ Yes n No
If Yes, consult with the Water Management Division of EPA to design
mitigation measures to avoid contaminating the aquifer and implement
appropriate mitigation measures. Include mitigation measures in mitigation
section of Statutory Checklist. Mark box "B" on the Statutory Checklist for this
authority.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
Comments:
Cite and attach source documentation: (Map showing project in relation to the nearest Sole
Source Aquifer.)
For more information see:
Region 6 Sole Source Aquifers: http://www.epa.gov/region6/water/swp/ssa/maps.htm
6. §58.5(e) Endangered Species [50 CFR Part 402]
a. Does the project involve the type of activities that are likely to have "no effect
on endangered species, such as:
• Demolition and construction or placement of a single family residence
within a developed lot, and/or any loans or mortgages affiliated with such
construction, demolition or placement provided they are not within 750 feet of
31
habitat for federally -listed species or 300 feet of mapped wetlands, wildlife
refuges, fish hatcheries, wildlife management areas, or related significant fish
and wildlife resources?
fl Yes No
• Rehabilitation or renovation activities associated with existing structures
(e.g., houses, buildings), including additional structures attached to or
associated with the primary structure, and/or any loans or mortgages affiliated
with such rehabilitation or renovation?
❑ Yes ® No
• Acquisition of existing structures (e.g., houses, buildings), including
additional structures attached to or associated with the primary structure, and/or
any loans or mortgages affiliated with such acquisition.
❑ Yes ®No
• Purchase and placement of playground equipment within existing parks?
❑ Yes N No
• Resurfacing, repairing, or maintaining existing streets, sidewalks, curbs,
trails, parking lots and/or any other existing paved surfaces where additional
ground disturbance, outside of the existing surface is not necessary?
® Yes ❑ No
If Yes to any of the above, the project is likely to have "No Effect" on
federally protected species and critical habitat. Informal consultation with the
US Fish and Wildlife Service or the National Marine Fisheries Service
(Services) is not necessary. The RE is required to make this finding and include
a memorandum to the file supporting the finding (note that this finding should
be made by the RE, and not by third party contractors and non -RE grant
recipients). Compliance with this section is complete. Mark box "A" on the
Statutory Checklist for this authority.
If No to all of the above, continue.
b. Does the project constitute a major construction activity (a major Federal action
that modifies the physical environment and would normally require the
preparation of an EIS)?
n Yes ❑ No
If Yes, formal consultation with the Services is required in accordance with
procedural regulations contained in 50 CFR Part 402. Mark box "B" on the
Statutory Checklist for this authority.
If No, continue.
c. Have the Services identified federally protected species or critical habitat within
the project area?
❑ Yes ❑ No
If Yes, continue.
If No, the project is likely to have "No Effect" on federally protected species
and critical habitat. Informal consultation with the Services is not necessary.
32
The RE is required to make this finding and include a memorandum to the file
supporting the finding (note that this finding should be made by the RE, and not
by third party contractors). Compliance with this section is complete. Mark box
"A" on the Statutory Checklist for this authority.
d. If federally protected species or critical habitat have been identified within the
project area, has a special study been conducted by a qualified professional to
determine the effects of the project on each species and critical habitat?
❑ Yes ❑ No
If Yes, continue.
If No, a special study should be conducted to determine the effects of the
project on federally protected species and critical habitat. Continue.
e. Has the RE made a determination based on professional findings that the project
is "Not Likely to Adversely Affect" any federally protected (listed or proposed)
threatened or endangered species (i.e., plants or animals, fish, or invertebrates),
nor adversely modify critical habitats?
n Yes ❑ No
If Yes, Service's concurrence with findings is required. Mark box "B" on the
Statutory Checklist for this authority.
If No, continue.
f. Has the RE determined based on professional findings that the project "May
Affect" federally protected (listed or proposed) threatened or endangered
species (i.e., plants or animals, fish, or invertebrates), or adversely modify
critical habitats?
n Yes ❑ No
If Yes, formal consultation is required with the Services, in accordance with
procedural regulations contained in 50 CFR Part 402, which mandates formal
consultation in order to preserve the species. Mark box "B" on the Statutory
Checklist for this authority.
If No, contact your FEO for assistance in determining impacts to federally
protected species and critical habitat.
Comments:
Cite and attach source documentation: (Memorandum to the file by the RE supporting the
finding of "No Effect." Concurrence memo from one or both of the Services for a finding of
"Not Likely to Adversely Affect." Biological Opinion from one or both of the Services for a
finding of "May Affect.")
For additional information see: (The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.
as amended: particularly Section 7 (b) and (c). 50 CFR 402).
USFWS ESA Species Search:
http://www.FW S.gov/endangered/species/index.html
33
NMFS ESA Species Search:
http://www.nmfs.noaa.gov/pr/species/esa/
USFWS Critical Habitat Maps:
http://crithab.FWS.gov/
NMFS Critical Habitat Maps:
http://www.nmfs.noaa.gov/pr/species/criticalhabitat.htm
Endangered Species Consultation Handbook:
http://www.nmfs.noaa.gov/pr/pdfs/laws/esa section? handbook.pdf
7. §58.5(f) Wild and Scenic Rivers [36 CFR Part 297]
a. Does the project involve new construction, land use conversion, major
rehabilitation, or substantial improvements?
® Yes ❑ No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
b. Is the project is located within one (1) mile of a designated Wild & Scenic
River, or river being studied as a potential component of the Wild & Scenic
River system?
• Yes ®No
If Yes, determination from the National Park Service (NPS) must be obtained,
with a finding that the project will not have a direct and adverse effect on the
river nor invade or diminish values associated with such rivers. For NRI Rivers,
consultation with NPS is recommended to identify and eliminate direct and
adverse effects. Mark box "B" on the Statutory Checklist for this authority.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
Comments:
Cite and attach source documentation: (Maps noting project location and showing proximity to
protected rivers. Relevant determinations or results of consultation.)
For further information see:
National Park Service:
http://www.rivers.gov/wildriverslist.html
http://www.rivers.gov/study.html
National River Inventory (NRI) listed rivers: http://www.nps.gov/ncrc/programs/rtca/nri/
8. §58.5(g) Air Quality [40 CFR Parts 6, 51, 61 and 93]
a. Does the project involve demolition or renovation of buildings likely to contain
asbestos containing materials?
n Yes ® No
34
If Yes, ensure the project is in compliance with EPA's Asbestos regulations
found at 40 CFR Part 61 (NESHAP) and all State and local regulations.
Continue.
If No, continue.
b. Does the project involve, for five or more dwelling units, acquisition of
undeveloped land, a change of land use, demolition, major rehabilitation, or new
construction?
n Yes ® No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
c. Is the project located in a Non -Attainment area?
❑ Yes ❑ No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
d. Is the project consistent with the air quality State Implementation Plan (SIP)?
❑ Yes ❑ No
If Yes, obtain letter of consistency showing that the project is consistent with
the SIP. Compliance is complete. Mark box "B" on the Statutory Checklist for
this authority.
If No, continue.
e. Has EPA determined that the proposed activity is one that requires a permit
under the SIP?
❑ Yes ❑No
If Yes, continue.
If No, compliance is complete. Mark box "B" on the Statutory Checklist for
this authority.
f. Will project exceed any of the de minimis emissions levels of all non -attainment
and maintenance level pollutants or exceed the screening level established by
the state or air quality management district?
n Yes ❑ No
If Yes, continue.
35
g.
Comments:
If No, compliance with this section is complete. Mark box "B" on the Statutory
Checklist for this authority. Attach all documents used to make your
determination (See Conformity determination thresholds at 40 CFR 93.153(b)
Include engineering/construction assessments of emissions during construction
and operating phases).
Can project be brought into compliance through mitigation?
Yes nNo
If Yes, list mitigation measures required to achieve conformance with SIP in the
mitigation section of the Statutory Checklist. Mark box "B" on the Statutory
Checklist for this authority.
If No, Federal assistance may not be used at this location.
Cite and attach source documentation: (Letter of consistency with SIP, assessment of
emissions, air permits received, mitigation measures taken, etc.)
For further information see:
The Green Book Nonattainment Areas for Criteria Pollutants:
http://www.epa.gov/oar/oaqps/greenbk/
Region 6 Air State Implementation Plans:
http://www.epa.gov/region6/6pd/air/pd-l/sip.htm
9. §58.5(h) Farmlands Protection [7 CFR Part 658)]
a. Does the project involve acquisition of undeveloped land, conversion of
undeveloped land, new construction or site clearance?
❑ Yes 1 No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
b. Is project located in an area committed (zoned) to urban uses?
❑ Yes n No
If Yes, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
If No, continue.
c. Does the project site include prime or unique farmland, or other farmland of
statewide or local importance as identified by the U.S. Department of
Agriculture, Natural Resources Conservation Service (NRCS) (formerly the Soil
Conservation Service?
7Yes 7No
36
If Yes, request evaluation of land type from the NRCS using Form AD -1006,
and consider the resulting rating in deciding whether to approve the proposal, as
well as mitigation measures (including measures to prevent adverse effects on
adjacent farmlands). Mark box "B" on the Statutory Checklist for this authority.
Include mitigation measures in the mitigation section of the Statutory Checklist.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
Comments:
Cite and attach source documentation: (Zoning map with project location noted. Form AD -
1006 from NRCS.)
For additional information see:
NRCS Soil Maps:
http://websoilsurvey.nrcs.usda.gov/app/
Form AD -1006 and instructions:
http://www.nres.usda.gov/Internet/FSE DOCUMENTS/stelprdb 1045394.pdf
Farmland Protection Policy Act
http://www.nres.usda. gov/wps/portal/nres/detail/national/programs/alphabetical/fppa/?&cid=nr
cs143 008275
10. §58.5(i) (1) Noise Abatement and Control [24 CFR Part 51B]
a. Does the project involve a noise sensitive use such as a residential structure,
school, hospital, nursing home, library, etc.?
❑ Yes ® No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
b. Is the project located within:
■ 15 miles of a civilian or military airfield with more than 9,000 carrier
operations annually;
❑ Yes n No
• 1000 feet of a major highway or busy road;
❑ Yes ❑ No
• within 3000 feet of a railroad.
❑ Yes ❑No
If Yes to any the above, complete a noise calculation assessment. Use adopted
DNL contours if the noise source is an airport. Continue.
37
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
c. Do noise calculations or airport noise contour maps indicate noise levels above
65dB (outside)?
f Yes ❑No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
d. Do noise calculations or airport noise contour maps indicate noise levels above
75dB (outside)?
❑ Yes ❑ No
If No, for projects in the normally unacceptable zone (65dB — 75dB), noise
attenuation measures are strongly encouraged for rehabilitation and required for
new construction to reduce noise levels to below 65dB (outside). Mark box "B"
on the Statutory Checklist for this authority. List all attenuation measures in the
mitigation section of the Statutory Checklist.
If Yes, HUD assistance for the construction of new noise sensitive uses is
generally prohibited for projects with unacceptable noise exposure (>75dB).
Noise attenuation measures are strongly encouraged for rehabilitation projects
with unacceptable noise exposure to reduce noise levels to below 65dB
(outside). Mark box "B" on the Statutory Checklist for this authority. List all
attenuation measures in the mitigation section of the Statutory Checklist.
Comments:
Cite and attach source documentation: (Maps with project location indicating distance from
noise sources. DNL calculations and/or NAG worksheets.)
For more information see:
HUD noise guidebook:
http://www.hud.gov/offices/cpd/environment/review/noise.cfm
http://www.hud.gov/offices/cpd/environment/dnlcalculator.cfm
http://www.hud.gov/offices/cpd/environment/mitigation.cfm
http://portal.hud.gov/hudstracat/noiseCalcEntryjsp
FAA:
http://www.faa.gov/airports/planning capacity/npias/reports/
11. §58.5(i) (1) Explosive and Flammable Operations [24 CFR MC]
a. Does the project involve development, construction, rehabilitation,
modernization or land use conversion of a property intended for residential,
institutional, recreational, commercial, or industrial use?
® Yes ❑ No
38
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
b. Was a field observation performed by a qualified environmental professional
which documents that there are above ground storage tanks within line of site of
the project?
❑ Yes ® No
c. Is the project site within 1 mile of current or planned stationary aboveground
storage tanks of more than 100 gallon capacity, containing common liquid
industrial fuels OR of any capacity, containing hazardous liquids or gases, that
are not liquid industrial fuels?
fl Yes No
d. Are industrial facilities handling explosive or fire -prone materials such as liquid
propane, gasoline or other storage tanks adjacent to or visible from the project
site?
❑ Yes ® No
If Yes to any of the above, use HUD Hazards Guide to calculate an Acceptable
Separation Distance to comply with 24 CFR Part 51, Subpart C. Continue.
If No to all of the above, compliance with this section is complete. Mark box
"A" on the Statutory Checklist for this authority.
e. Is the project located at an Acceptable Separation Distance from any above-
ground explosive or flammable fuels or chemicals containers as calculated
above?
❑ Yes ❑No
If Yes, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
If No, continue.
f. Can mitigation measures, such as construction of a barrier of adequate size and
strength, reduce the blast overpressure or thermal radiation hazard to protect the
project (per 24 CFR §51.205)?
❑ Yes ❑ No
Comments:
If Yes, Mark box "B" on the Statutory Checklist for this authority. List all
mitigation measures in the mitigation section of the Statutory Checklist.
If No, HUD assistance cannot be used for this project.
39
Cite and attach source documentation: (Maps with project location noted showing distance
from explosives and flammable operations. ASD calculations/worksheet.)
For additional information see:
HUD Guidance on Siting Projects near Explosive and Flammable Facilities:
http://portal.hud.gov/hudportal/HUD?src=/program offices/comm planning/environment/revie
w/explosive
12. §58.5(i) (1) Airport Hazards [24 CFR 51D]
a. Will the project use HUD assistance, subsidy or insurance for construction; land
development; community development or redevelopment; substantial
modernization and rehabilitation which prolongs the physical or economic life
of existing facilities; provide facilities and services which make land available
for construction; change the use of a facility; increase the density or number of
people at the site?
❑ Yes N No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
b. Is the property within 2,500 feet of a civilian airport, the Runway Clear Zone
(RCZ)?
❑ Yes ❑ No
c. Is the project is within 15,000 feet of a military airfield, the Clear Zone (CZ) or
Accident Potential Zone (APZ)?
❑ Yes ❑ No
If Yes to either of the above questions, request a written finding from the airport
operator stating whether or not the project is located in a RCZ, CZ or APZ.
Continue.
If No to both of the above questions, compliance with this section is complete.
Mark box "A" on the Statutory Checklist for this authority.
d. If the project is within 15,000 feet of a military airfield or within 2,500 feet of a
civilian airport, did your written confirmation from the airport operator confirm
that the project is located in a RCZ, CZ or APZ?
❑ Yes n No
If Yes, continue.
40
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
e. If the project is located in a military airfield APZ, is the project consistent with
the Land Use Compatibility Guidelines for Accident Potential Zones (32 CFR
Part 256, DOD Instruction 4165.57).
❑ Yes Ill No
If Yes, attach copy of written assurance from airport operator. Mark box "B" on
the Statutory Checklist for this authority.
If No, HUD funds may not be used for this project.
f. If the project is in a RCZ/CZ will the project be frequently used or occupied by
people?
❑ Yes ❑No
g.
Comments:
If Yes, HUD funds may not be used for this project.
If No, continue.
If the project will not frequently be used by people, has the airport operator
provided a written statement that there are no plans to purchase the land
involved with such facilities as part of an RCZ/CZ acquisition program?
❑ Yes ❑ No
If Yes, attach copy of written assurance from airport operator. Mark box "B" on
the Statutory Checklist for this authority.
If No, HUD funds may not be used for this project.
Cite and attach source documentation: (Map with project location noted showing the distance
from civilian airports and/or military airfields. Written confirmation from airport operating
stating whether or not project is located in a RCZ, CZ or APZ. Written assurance from airport
operator on purchase of property.)
For further information see:
Airport Information: http://www.airnay.com/airports/
HUD Airport Hazards Q&A:
http://portal.hud.gov/hudportal/HUD?src=/program offices/comm planning/environment/revie
w/ga/airport
41
13. §58.5(i) (2) Contamination and Toxic Substances
a. Is the property located within the search distances of any of the types of
environmental contamination sources?
Approximate
Minimum Search
Standard Environmental Record Sources Distance (mi)
Federal NPL Site List 1
Federal Delisted NPL Site List 0.5
Federal CERCLIS List 0.5
Federal CERCLIS NFRAP Site List 0.5 0.5
Federal RCRA CORRACTS Facilities List 1
Federal RCRA Non-CORRACTS TSD Facilities List 0.5
Property/Adjoining
Federal RCRA Generators List Properties
Federal Institutional Control/Engineering Control
Registries Property Only
Federal ERNS List Property Only
State- and Tribal -Equivalent NPL 1
State- and Tribal -Equivalent CERCLIS 0.5
State and Tribal Landfill and/or Solid Waste Disposal Site
Lists
0.5
State and Tribal Leaking Storage Tank Lists 0.5
Property/Adjoining
State and Tribal Registered Storage Tank Lists Properties
State and Tribal Institutional ControVEngineering Control
Registries Property Only
0.5
State and Tribal Voluntary Cleanup Sites
State and Trial Brownfield Sites
0.5
b. Did a visual inspection of the site show the following?
Yes No
O El
O El
CI Z
O El
42
Yes
No
Distressed vegetation
■
►�
Vent or Fill Pipes
■
11
Storage Oil Tanks or Questionable Containers
■
►�
Pits, Ponds or Lagoons
42
c. Has the property ever been used for any of the following types of uses?
Gas Station
Yes
No
Vehicle Repair Shop
■
/1
Car Dealership
Stained Soil or Pavement (other than water stains)
Auto Garage
■
,
Pungent, Foul or Noxious Odors
■
@
■
r
Dumped Material or Soil, Mounds of Dirt, Rubble, Fill, etc.
Commercial Printing
Facility
■
►�
c. Has the property ever been used for any of the following types of uses?
Gas Station
Yes
No
Vehicle Repair Shop
Yes
No
Car Dealership
Auto Garage
■
►1
■
@
Depot
Commercial Printing
Facility
■
►1
■
►/
Industrial or commercial
warehouses
Dry Cleaners
■
1
■
►/
Photo Developing
Laboratory
Hospital
■
►1
■
A
Junkyard or landfill
Agricultural/Farming
Operations
IN
►1
■
►I
Tannery
Live stock Operations
■
►4
■
►I
d. Does the project have an underground storage tank other than a residential fuel
tank, or known or suspected to be contaminated by toxic chemicals or
radioactive materials?
1Yes ®No
e. Is the project site near an industry disposing of chemicals or hazardous wastes?
❑ Yes ®No
If No to all of the above, compliance with this section is complete. Mark box
"A" on the Statutory Checklist for this authority.
If Yes to any of the above, a qualified environmental professional must
undertake investigations necessary to ensure that the project is free of
hazardous materials, contamination, toxic chemicals and gases, and radioactive
substances such that there is no hazard which could affect the health and safety
of occupants or conflict with the intended utilization of the property. Continue.
f. Could nearby toxic, hazardous or radioactive substances affect the health and
safety of project occupants or conflict with the intended use of the property?
n Yes or n No
43
g.
Are there unresolved concerns that could lead to the RE being determined to be
a Potentially Responsible Party (PRP)?
❑ Yes n No
If Yes, continue.
If No, provide written documentation from a qualified environmental
professional which documents that identified potential sources of contamination
does not pose a hazard which would restrict the intended uses of the property or
to the occupants.
h. Was an ASTM Phase I Environmental Site Assessment (ESA) report completed
for this project? (Note: HUD regulations do not require an ASTM Phase I ESA
report for single family homes of 1-4 units. An ASTM Phase I ESA report is
required for multifamily (5 or more units) and/or Non-residential properties.)
Fl Yes ❑ No
Did the ASTM Phase I ESA or other documentation uncover any Recognized
Environmental Conditions (RECs) or recommend a Phase II, special/specific
Phase II, or recommend Phase III environmental site assessments?
❑ Yes ❑ No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
Do ESAs or other documentation conclude that nearby toxic, hazardous or
radioactive substances could affect the health and safety of project occupants or
conflict with the intended use of the property?
n Yes or ❑ No
If Yes, continue below.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
k. Did any of the ESA reports or other documentation identify the need to mitigate
the environmental condition by removing, stabilizing or encapsulating the toxic
substances in accordance with the requirements of the appropriate Federal, state
or local oversight agency?
❑ Yes ❑ No
If Yes, continue.
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
44
1. Can all adverse environmental conditions identified in any of the ESAs or other
documentation be mitigated?
❑ Yes ❑ No
If Yes, compliance with this section is complete. List specific remedial actions
or mitigations in the mitigation section of the Statutory Checklist, according to
the requirements of the appropriate Federal, state, or local oversight agency.
Mark box "B" on the Statutory Checklist for this authority.
If No, HUD cannot provide assistance for the project at this site.
Comments:
Cite and attach source documentation: (Maps showing project distance to contaminated sites.
Phase I (ASTM) Report. All ESAs and mitigation plans performed for this project.)
For additional information see:
HUD Information on Hazardous, Toxic or Radioactive Substances
http://portal.hud.gov/hudportal/HUD?src=/program offices/comm Manning/environment/revie
w/hazardous
EPA Envirofacts Data:
http://www.epa.gov/enviro/
EPA Toxic Release Inventory (TRI):
http://www.epa.gov/enviro/html/toxic releases.html
EPA Maps:
http://www.epa.gov/emefdata/em4efhome
EPA CERCLIS/NPL — Superfund database:
http://www.epa.gov/superfund/sites/query/basic.htm
ATSDR "ToxFAQs" summaries about hazardous substances:
http://www.atsdr.cdc.gov/toxfaqs/index.asp
Right -To -Know Network: http://www.rtknet.org/
14. §58.5(j) Environmental Justice (E.O. 12898)
a. Is the project located in or designed to serve a predominantly minority and low-
income neighborhood?
N Yes ❑ No
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
If Yes, continue.
b. Would there be an adverse environmental impact caused by the proposed action,
or would the proposed action be subject to an existing adverse environmental
impact?
❑ Yes ® No
45
If No, compliance with this section is complete. Mark box "A" on the Statutory
Checklist for this authority.
If Yes, perform an Environmental Justice (EJ) analysis using census,
geographic and other data to determine if a low-income/minority population is
disproportionately impacted. Continue.
c. Will the adverse environmental impact of the proposed action
disproportionately impact minority and low-income populations relative to the
community -at -large?
❑ Yes E No
If No, compliance with this section is complete. Document the determination of
no disproportionate impacts. Mark box "A" on the Statutory Checklist for this
authority.
If Yes, Mitigation or avoidance of adverse impacts must be considered to the
extent practicable; and, public participation processes must involve the affected
population(s) in the decision-making process. Continue.
d. Has the mitigation plan been approved by the RE and the impacted community?
❑ Yes ❑ No
If Yes, compliance with this section is complete. Include mitigation plan in the
mitigation section of the Statutory Checklist. Mark box "B" on the Statutory
Checklist for this authority.
If No, Project cannot move forward until EJ issue is mitigated to the satisfactory
of the RE and impacted community.
Comments:
Cite and attach source documentation: (Mapping of low-income and minority populations in
the vicinity of the project site. EJ analysis. Mitigation Plan.)
For additional information see:
EJ maps & analysis, by location:
http://www.scorecard.org/community/ej-index.tcl
EPA's "EJ View" Tool provides information relevant to EJ assessments:
http://epamap14.epa.gov/ejmap/entry.html
Census data and maps also avail -able at:
http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml
Tract -level data on race & income:
http://www.ffiec.gov/geocode
46
15. Summary of Mitigation Measures:
(Required for Incorporation into Project Design, included in Public Notices, and included as
requirements of contracts, grants, loans, etc.)
16. References:
(List the Federal, State, or local agencies contacted to obtain their existing environmental
reports and other data used for the environmental review of the proposed project.)
17. List of Major Reports Obtained:
(Attach report(s), such as wetlands delineation studies, biological evaluations or habitat
assessments, Phase I and II environmental site assessments.)
47