![](media/image1.wmf){width="0.45in" height="0.4465277777777778in"}

**Finding of No Significant Impact**

**Proposed Project:** Ed Roberts Campus Project, Berkeley, California

**Grant Application:** San Francisco Bay Area Rapid Transit District
(BART)

The Final Environmental Assessment for this project was prepared by BART
and the Federal Transit Administration (FTA) pursuant to the National
Environmental Policy Act of 1969 (42 U.S. 4332); the Federal Transit
Laws (49 U.S.C. 5301(e), 5323(b), and 5324(b)); Section 4(f) of the
Department of Transportation Act of 1966 (49 U.S.C. 303); and Executive
Order 12898 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations).

[]{.mark}

**Description:** San Francisco Bay Area Rapid Transit District (BART)
proposes to have the Ed Roberts Campus (ERC) construct a
transit-oriented facility on the eastern parking lot site of the BART
Ashby station in Berkeley, California. The lot occupies the southern
three-quarters of the block bounded by Essex Street on the north,
Woolsey Street on the south, Adeline on the west and Tremont on the
east. The overall project lot site is 149,081-square feet and currently
provides 250 parking spaces. The proposed project will subdivide the
site to construct a separate 63,605-square foot lot for the Ed Roberts
Campus office building which will be purchased by the ERC. The proposed
ERC project is an 86,057-square foot, two-story office building, with
its principal pedestrian entry at street level on Adeline Street. It
will occupy the western 1.5 acres of the 3.6 acre east parking lot of
the Ashby BART station. The site will include an ERC basement garage
with 118 parking spaces, and approximately 36 additional parking spaces
utilizing attendant parking. The existing BART parking will be
reconstructed to provide 187 parking spaces.

The Ed Roberts Campus design incorporates universal design standards
which are intended to provide equal access to all people, regardless of
their level of ability; this approach extends to the building's
connections to surrounding transit uses and the adjacent parking
structure. The Ed Roberts Campus will put a disability center at a
transit hub, facilitating access to employment, training, education and
other services for people with disabilities. The project includes tenant
spaces for nine disability organizations, a computer lab, child care,
fitness center and café.

[]{.mark}

**Alternatives:** Other reasonable courses of action were considered in
accordance with 24 CFR 58.40(e), Ref. 40 CFR 1508.9, such as other
sites, design modifications, or other uses of the site. Alternatives
considered and not selected were: Alternative A -- Build the project in
another location; Alternative B -- Alternative Designs; Alternative C --
Alternative uses of the site; and No Action Alternative.

**Environmental Effects:** Ed Roberts Campus (ERC), in cooperation with
the U.S. Department of Housing and Urban Development, prepared an
Environmental Assessment (EA) with the City of Berkeley Housing
Department and the ERC Consortium, Equity Community Builders in May 2006
in accordance with 24 CFR 58.36, 40 CFR 1508.20. The EA concluded that
no significant adverse effects would occur to any resource.

ERC, through BART, has adopted specific environmental commitments as
part of the project description to address typical impacts that occur
from construction. The ERC has incorporated mitigation measures into the
project to reduce or eliminate potentially adverse environmental
impacts, construction impacts on air quality, ambient noise levels,
water quality, and traffic; disturbance to historic structures;
potential exposure to hazardous materials in soil and groundwater during
construction; and public safety and security. Hazards Mitigation
measures include testing of groundwater; issuance of a Stormwater
Pollution Prevention Plan; and action to be taken in the event a
transformer is proposed for disposal. (See page 1 of 25 of the
Environmental Assessment - Ed Roberts Campus, dated May 2006).

**Section 106:** Compliance with Section 106 of the National Historic
Preservation Act has been achieved. A letter dated June 17, 2005 from
the State Historic Preservation Officer (SHPO) found no adverse effects
in accordance 36 CFR 800, and placed two conditions on the project: (1)
that the design remains the same for the ERC as that shown in the plans
submitted to the SHPO on May 12 as modified on May 23, 2005; and (2)
that the City of Berkeley will submit to SHPO copies of plans at the 80%
design phase for the purpose of verification by SHPO that the plans
substantially agree with those already reviewed. (Copy attached.)

A Notice of Finding of No Significant Impact and a concurrent Notice of
Intent to Request to Release of Funds and Public Comments announcement
was published in the local newspaper on May 18, 2006. (Copy attached.)
Comments were accepted through June 5, 2006. An opportunity for public
review was provided at the City of Berkeley Housing Department where the
Environmental Review Record was on file and available to be examined,
and at the Berkeley Public Library Reference Desk.

**Environmental Findings**: On June 27, 2006 the U.S. Department of
Housing and Urban Development (HUD) approved the FONSI signed by the
City of Berkeley on June 6, 2006 (24 CFR part 58[^1]). The FTA has
reviewed HUD's FONSI, its EA dated May 2006, section 106 finding (and
other documents) and potentials changes since HUD to the proximate area
of the site.

FTA finds, on the basis of the analysis, reviews, and mitigation
measures described above, that there are no significant impacts on the
environment associated with the construction and operation of the
proposed Project. In accordance with 23 CFR Part 771.121(c), FTA
determines that the elements of this project and its environmental
impacts have been adequately identified and assessed, and FTA issues
this FONSI, which by reference incorporates all findings found in HUD's
FONSI.

FTA finds, on the basis of the analysis, reviews, and mitigation
measures described above, that there are no significant impacts on the
environment associated with the construction and operation of the
proposed Project. In accordance with 23 CFR Part 771.121(c), FTA
determines that the elements of the project and its environmental
impacts have been adequately identified and assessed, and concurs in the
decision to issue a FONSI, and incorporates the HUD FONSI into this
Finding of No Significant Impact.

[/signed by/]{.underline} [October 1, 2007]{.underline}

Leslie T. Rogers Date\
Regional Administrator

FTA Region IX

Attachments: June 17, 2005 SHPO concurrence

May 18, 2006 Notice of FONSI and NOI

June 27, 2006 HUD Authority to use Grant Funds

June 29, 2006 HUD AAP letter

[^1]: ^TITLE\ 24\--HOUSING\ AND\ URBAN\ DEVELOPMENT^

    ^PART\ 58\--ENVIRONMENTAL\ REVIEW\ PROCEDURES\ FOR\ ENTITIES\ ASSUMING\ HUD\ ENVIRONMENTAL\ RESPONSIBILITIES\--^

    ^Subpart\ A\--Purpose,\ Legal\ Authority,\ Federal\ Laws\ and\ Authorities^

    ^Sec.\ 58.4\ Assumption\ authority.^

    ^(a)\ Assumption\ authority\ for\ responsible\ entities:\ General.\ Responsible\ entities\ shall\ assume\ the\ responsibility\ for\ environmental\ review,\ decision-making,\ and\ action\ that\ would\ otherwise\ apply\ to\ HUD\ under\ NEPA\ and\ other\ provisions\ of\ law\ that\ further\ the\ purposes\ of\ NEPA,\ as\ specified\ in\ Sec.\ 58.5.\ Responsible\ entities\ that\ receive\ assistance\ directly\ from\ HUD\ assume\ these\ responsibilities\ by\ execution\ of\ a\ grant\ agreement\ with\ HUD\ and/or\ a\ legally\ binding\ document\ such\ as\ the\ certification\ contained\ on\ HUD\ Form\ 7015.15,\ certifying\ to\ the\ assumption\ of\ environmental\ responsibilities.^