# Presentation: 188831

## Environmental Review Process for the Neighborhood Stabilization Program
24 CFR Part 58

**24 CFR Part 58**

## Neighborhood Stabilization Program Environmental Review Requirements

- Official Welcome:
- Charles Bien, Director, Environmental Review Division

## Environmental Training

- Today’s Instructors:
- Linda Poythress, Regional Environmental Officer, Atlanta Office
- David Blick, Deputy Federal Preservation Officer, Washington, DC

## Goals for the Course

-  When is an ER required?
-  What is the process?
-  What is qualified documentation?
-  What is the timing?
-  How can the ER process be expedited?

## Call Your
Field 
Environmental Officer

**Field **
**Environmental Officer**

- First Principle:

## Find more information 
on the environmental website:

**on the environmental website:**

**www.HUD.gov/offices/cpd/environment/index.cfm**

**Second Principle:**

## The ER process must be complete 
PRIOR to commitment of funds

**PRIOR to commitment of funds**

**Next Principle:**

## The environmental review is a study of the site

**One More Principle:**

## Why? 

**Project is Federally Funded**
**	****	****In whole, or**
**	****	****In Part**

** ****Requires Compliance with NEPA and the Laws and Authorities**

## National Environmental Policy Act

**NEPA:**
**Federal Environmental Policy **
**Federal Law**

-  Protect, Restore and Enhance the Human
- Environment

## NEPA

- Shared Responsibility:

-  The President

-  The Federal Agencies (RE)

-  The Courts

## NEPA

**Environmental Study**
**Agency Comments **
**Public Document**

## NEPA

**Environmental Study**
**Agency Comments**** **
**Public Document**

**Scientific Analysis**
**Relevant Issues**

## Established the CEQ
Exec. Office of the President
CEQ Regs 42 CFR 1500
Agency Regs Consistent  w/NEPA
Oversees Federal Agencies ERs
Cooperating Agreements

**Exec. Office of the President**
**CEQ Regs 42 CFR 1500**
**Agency Regs Consistent  w/NEPA**
**Oversees Federal Agencies ERs**
**Cooperating Agreements**

**NEPA**

## 24 CFR Part 58 Procedure for REs
 24 CFR Part 51 Hazards
24 CFR Part 55 Floodplains
24 CFR Part 50 HUD Procedure

** ****24 CFR Part 51 Hazards**
**24 CFR Part 55 Floodplains**
**24 CFR Part 50 HUD Procedure**

**HUD Regulations**

## TERMS

- Activity
- Project
- Individual Action
- Recipient
- Responsible Entity
- Certifying Official

- Exempt
- CENST
- Categorically Excluded
- RROF
- NOI/RROF
- EA
- FONSI

## Who’s Responsible?   --58.4

**Who’s Responsible?   --58.4**

**Grant to a Unit of Local Government**
- Must assume Part 58 for:
- Formula Grants
- Neighborhood Stabilization Grant is a formula grant

## Who’s Responsible? --58.4

**Who’s Responsible? --58.4**

**State Funds**
- Grants to LG
- LG Responsible
- RROFs to State
- Grants to Others
- State Responsible
- RROF to HUD

## Overview

**Steps In the Process**

## Steps

**Steps**

- Define the project
- Aggregate
- Alternatives
- Level of Review
- Conduct Review
- Publish or Post
- When required
- RROF
- Receive ATUGF
- Commit Funds and Implement Project

## Overview

**Steps In the Process:**
- Define the Project

## Define the Project

**Define the Project**

- Project Area:
- Existing
- Conditions
- Features
- Character
- Resources
- Trends

## Define the Project

**Define the Project**

**Activities:**

- HUD Funded
- Programs Used
- Other Funding

- Time Frame

- Action Plan
- Maps/location

## Overview

**Steps In the Process:**
**	****Aggregate activites into projects**

## Aggregation  24 CFR Part 58.32

***A logical way to group activities into projects for ***
***the purpose of environmental review.***

## Types of Aggregation24 CFR part 58.32 

- Types of Aggregation24 CFR part 58.32

**--Geographic**

## Types of Aggregation24 CFR part 58.32 

**Functional**

**  **** ****Geographic**

## Overview

**Steps In the Process:**
**--Alternatives**

## Overview

**Steps In the Process:**
**-- Level of Review and **
**    ****Public Notice**

## Level of Review

**Full Assessment**
**Categorically Excluded, Subject to 58.5/6**
**Categorically Excluded NOT Subject to 58.5**
**Exempt**

## Exempt Activities24 CFR Part 58.34(a)

**Environmental, planning & design costs **
**Information & financial services**
**Administrative/management activities**
**Public services (no physical impact)**
**Inspections **
**Purchase of tools/insurance**
**Technical assistance  & training**
**Temporary assist. for imminent threats **
**Payment of principal and interest on HUD loan**

**Notes:**
An environmental determination is required even for exempt activities and documentation with 58.6 is also required but often for exempt activities compliance is not triggered – for example you have to consider if flood insurance is required for administrative costs but administrative costs are not physical so it is not something for which you can buy flood insurance 

If the local government is providing housing counseling then you would document in writing that  housing counseling project is exempt and then consider if 58.6 is applicable - 

## Exempt “Level of Review”24 CFR Part 58.34

**Exempt “Level of Review”****24 CFR Part 58.34**

**Document determination in writing**
**Document compliance with 58.6**
**SIGN and DATE**
**No RROF or further approval from HUD or the State is required**

## Categorically Excluded Activities not subject to 58.5at 24 CFR Part 58.35(b)

- Tenant-based Rental Assistance
- Supportive Services (Hsg. Counseling)
- Operating Costs (maintenance, supplies)
- ED Costs (non-construction)
- Down-payment Assistance on Existing
- Pre-development Costs
- Supplemental Assistance (NEW to Regs)

## Categorically ExcludedNot subject to 58.5

**SAME AS EXEMPT****:**

- Document determination in writing
- Document compliance with 58.6
- SIGN and DATE
- No RROF or further approval from HUD or the State required

## Categorically Excluded subject to 58.524 CFR Part 58.35(a)(1)

-   Public Facilities:
-   Acquisition
-   Repair
-   Reconstruction
-   Improvement
-   If Facility in place
-   20% or less change in size or capacity

## Categorically Excluded subject to 58.5 24 CFR Part 58.35(a)(2)

**Categorically Excluded ****subject to 58.5 ****24 CFR Part 58.35(a)(2)**

-   Special Projects for removal of:
-   Material
-   Architectural Barriers
-   That restrict mobility and accessibility

## Categorically Excluded subject to 58.5   (24 CFR Part 58.35(a)(3(i))

- Rehabilitation of 1 to 4 family Dwellings
- Density is not > 4 units
- Land use is not changed
- The site is not in FP
- The footprint is not expanded

## Categorically Excluded subject to 58.5  24 CFR Part 58.35(a)(3)(ii)

-   Rehab of  Multifamily residential when:
-   Density is not changed > 20%
-   Does not involve change in land use
-   Cost is < 75% cost of replacement

## Categorically Excluded subject to 58.5   24 CFR Part 58.35(a)(3)(iii)

- Rehab of  Non- residential when:
-   < 20%  change in size and capacity
-   does not change land use

## Categorically Excluded subject to 58.524 CFR Part 58.34(a)(4)

- 1.  An individual action on a 1-to-4 family
- dwelling
- 2.  A project of five or more units
-  more than 2,000 ft apart
-  developed on scattered sites

## Categorically Excluded subject to 58.524 CFR Part 58.35(a)(5)

-   Acquisition or Disposition
- Existing Structure or Land IF
-  Structure will be used for the same use
-   Land will be used for the same use

## Categorically Excluded Clearance

- Complete Statutory Checklist
- If Compliance is triggered:
- Publish/Post NOI/RROF
- Wait  7 /10days,
- Send RROF to HUD/State
- HUD Waits 15 days

## Categorically Excluded Clearance 

**Categorically Excluded Clearance**** **

- Complete Statutory Checklist
- If Compliance is _***NOT***_ triggered:
- Project reverts to exempt
- document determination in writing  (58.34(a)(12) and (b))
- place all documentation
- in ERR (sign and date)

## Environmental Assessment Activities 24 CFR 58.36 

- Project Activities that are:
-   Not Categorically Excluded
-   See Conditions 58.35(a)
-   Change in Use
-   Major Rehab
-  Increase in size or capacity > 20%
-   New Const > 4 SF together
_*Require a FULL ASSESSMENT*_

## Environmental Assessment Activities 

-   Greater potential for Impact
-   Always requires a FONSI and RROF
-   Determines if EIS is required
-   Requires study of alternatives

## Environmental Assessment

-   Requires NEPA study
-   Includes the Laws and Authorities at 58.5 and 6
-   Studies:
-   Human Environment
-   Built Environment

**Notes:**
The full environmental assessment checklist is recommended to guide you through the review – 

The NEPA analysis must study conditions on site and the direct and indirect effects of the project – the cumulative effect must also be considered – that means how does your  project contribute to impacts from all other approved projects in the community

## Environmental AssessmentClearance

- Complete EA Checklist
- Make Finding
- Publish/Post Combined Notice
- Wait 15/18 days
- RROF and certifications to HUD)
- HUD waits 15 days

## Environmental Impact Statement “EIS” 24 CFR Part 58.37

- Completed for:
- Controversial Projects
- Findings of Significant Impacts (FOSI)
- Large projects (2,500 or more units)

## Overview of Public Notification

**EA:      Combined Notice (FONSI and NOI)**
**CE that “trigger” compliance:     NOI/RROF ****	****only**
**CE No Compliance Triggered     None**
**CE Not Subject to 58.5 :    None**
**Exempt:      None**

## Public Comment Periods24 CFR part 58.45

**Public Comment Periods****24 CFR part 58.45**

**NOI/FONSI - 15 days from Publication or 18 days from Posting**
**NOI - 7 days from Publication or**
**             ****10 days from Posting**
**RE must consider comments prior to submitting its RROF to HUD**

## Basis for Objections:
  ANYTHING!!!

-   ***ANYTHING!!!***

**Local Period - Objections**

**Notes:**
mitigation

## Request for Release of Funds

**Request for Release of Funds**

- 	Certification Indicates:
- ER Complete
- Notice Published
- Local Comment
- Period Complete
- CO Signs

- Subject to False Claims Act

## RROF Submission Requirements24 CFR Part 58.71

- Signed 7015.15 from CO
- Copy of Public Notice
- Submit to local HUD

## Objections to HUD  24 CFR Part 58.75

- Basis for Objections :
- 7015.15 not signed by CO
- FONSI not written
- Omitted Steps (at subpart E)
- Committed funds prior to RROF
- Another Federal agency objects

## Project Description - Scope
Determination of Level of Review
Completed review form - as required
Documentation attached 
FONSI and RROF Information
Comments and Responses/Analysis
HUD Removal of Grant Condition
Revisions/changes to original review

- Determination of Level of Review
- Completed review form - as required
- Documentation attached
- FONSI and RROF Information
- Comments and Responses/Analysis
- HUD Removal of Grant Condition
- Revisions/changes to original review

**Environmental Review Record****24 CFR Part 58.38**

##   Funds are committed when:
  A legally binding, irrevocable, contract is signed

-   A legally binding, irrevocable, contract is signed

**Limitations on Activities Pending Clearance****24 CFR Part 58.22**

## Limitations on Activities Pending Clearance24 CFR Part 58.22

-   Conditional Commitment
-   Subject to the ER
-   Legally Binding Document
-   Must prevent commitment by 3rd party

## Upon receipt of application/proposal for funding the RE must provide notice to third party:

24 CFR Part 58.22(a)and(c)
Third party cannot commit HUD funds or any other funds
Third party cannot take any choice limiting action

- 24 CFR Part 58.22(a)and(c)
- Third party cannot commit HUD funds or any other funds
- Third party cannot take any choice limiting action

**Limitations on Activities Pending Clearance****24 CFR Part 58.22**

## Options to purchase property are allowed prior to receiving ATUGF if:
 Cost is nominal
 Site can be rejected based on environmental finding

-  Cost is nominal
-  Site can be rejected based on environmental finding

- Limitations on Activities Pending Clearance24 CFR Part 58.22 (d)

## Tiering 24 CFR Part 58.15

- The Tiering process allows:
-  The ER to be conducted in  2 stages:
-   The Broad review
-  The Site Specific review
-  Allows RROF for the project
-   Multi-year
-   Multi-site

## Tiering24 CFR Part 58.15

- Requires:
- Broad review with documentation
- Written strategy
- Site specific compliance
-   Must maintain entire record

## Steps for Tiering an ER 24 CFR part 58.15

**Define Scope of PROJECT:**
**  ****Include all activities anticipated**
**  ****Aggregate geographically or functionally**
**Conduct the Environmental Review **
**Develop a WRITTEN strategy**
**Develop an Site Specific Checklist**
**Publish/Post a Public Notice for Project**
**Receive ATUGF from HUD**
**Conduct a SITE SPECIFIC REVIEW **
**Sign, date, place in ERR**
**Commit funds for the Site**

## Overview

**Steps In the Process:**
**  ****--Receive the ATUGF: HUD 7015.16 and Proceed**

## Implement the Preferred Alternative

## Overview Part 2

- Overview of the Laws and Authorities

## Laws and Authorities 58.5

- Historic Preservation

## National Historic Preservation Act (16 U.S.C. 470 et. seq.)

- GOALS:
- Establish broad agency responsibilities to protect & preserve historic properties (Section 110)
- Require agencies to consider effects of their projects on historic properties (Section 106)

## What’s an historic property?

- Buildings, objects, districts, sites, or structures usually 50+ years old; AND
- Listed on or eligible for listing on the National Register of Historic Places
- NR Criteria – 36 CFR Part 60.4

## Section 106 of NHPA

- REQUIREMENTS:
- Take into account the effects of your project on historic properties
- Afford the Advisory Council on Historic Preservation a reasonable opportunity to comment

## What triggers 106?

- Federal funding, assistance, license, permit, or approval
- Project is defined as an “undertaking”
- Project has potential to cause effects to historic properties

## Is your project exempt from Section 106?

- Refer to §58.34 and § 58.35(b) to see if your project is exempt or categorically excluded not subject to...
- If so, then under 106, you may make the unilateral decision that the project has “no potential to cause effects”
- Does an existing Programmatic Agreement exempt your activity?

## The Regulation

- 36 CFR Part 800, “Protection of Historic Properties”
- Establishes a 4-step compliance process
- Mandates consultation, not preservation
- Agency is the decision-maker

## The 4-Step 106 Process

- Initiate consultation
- Identify and evaluate historic properties
- Assess effects
- 4.  Resolve adverse effects

## 1. Initiate Consultation

- Is the project an undertaking?
- Is it exempt or CENST?
- §58.34 or §58.35(b)
- Programmatic Agreement
- Which SHPO/THPO do you contact?
- What other stakeholders should be contacted?
- How will you involve the public?

## 2. Identify historic properties

- Define “area of potential effect”
- Gather existing information from knowledgeable sources
- Contact stakeholders for any new info
- Evaluate NR eligibility
- Submit finding of “no historic properties affected” or move to next step
- Include supporting documentation

## 3. Assess Effects

- Apply criteria of adverse effect
- See §800.5(a)(1)
- Consult with SHPO/THPO and stakeholders, the public
- Submit finding of “no adverse effect” or go to next step
- Include supporting documentation

## 4. Resolve Adverse Effects

- Notify ACHP of adverse effect
- Continue consultation with stakeholders
- Involve the public
- Consider ways to avoid or minimize effects by modifying the project
- Negotiate mitigation to offset adverse effects
- Execute Memorandum of Agreement

## Expediting & Streamlining Section 106

- Use §800.3(g) when appropriate
- Combine findings into 1 submission to SHPO and stakeholders
- Use a Programmatic Agreement (§800.14(b))
- Tailors compliance to meet needs of your program/activities
- Reduces SHPO review time
- Allows you to make decisions without SHPO

## HUD Guidance Available

- HUD Historic Preservation website:
- http://www.hud.gov/offices/cpd/environment/ review/historic.cfm
- CDBG Pamphlet, “Preserving America”
- 106 “Toolkit” for Neighborhood Stabilization programs & activities
- Helpful tips and guidance
- Sample correspondence
- Sample Programmatic Agreement

## Laws and Authorities 58.5

- Historic Preservation
- Floodplain & Wetlands

## Floodplain ManagementEO 11988 & 24 CFR Part 55

- Goal: AVOID development in Floodplain
-   Unless there is No Alternative
-   Requires 8 Step Process (Part 55.20)
-   Written analysis
-  2 Public notices
-  Comment 15 and 7 days

## Floodplain24 CFR Part 55.12

- Exceptions:
- Acquisition of existing 1 to 4 family dwellings
- Minor repairs to 1 to 4 family dwellings
- Incidental portion in FP (conditions)
- Projects with LOMA or LOMR
- Avoid the FP – reject the site

## Floodplain 24 CFR Part 55

- Is the building or construction
- in the 100 yr Floodplain?
-   If Yes,
-   compliance time increased
-   costs are increased
-   flood insurance required:
-   Grant:  Economic life
-   Loan:  Life of loan

## The 8-Step Process What are the Steps:

- Is the site in the FP/WL?
- Early Public Notice
- Evaluate Alternatives
- Identify Impacts
- Minimize Impacts
- Reevaluate Alternatives
- Publish Final Notice
- Proceed and Mitigate

## Streamlining Floodplain24 CFR Part 55.25

- Area-wide Compliance:
-  Invite agencies with knowledge to participate - scoping
-  Requires development and publication of strategy (2 notices)
-  Determines mitigation for actions
-  Expires in 10 years

## Wetlands – EO 1199024 CFR Part 58.5(B)(2)

- Goal: Avoid Development in Wetland

- Water Marks

## Wetlands - EO 11990

- Exceptions:
- Rehabilitation
- Acquisition of Existing
- Other projects without soil disturbance
- Wetland on site but avoided

## Wetlands – EO 11990

**Identification **
- Step 1: Review Documentation:
- National Wetlands Inventory Map
- Soil Surveys
- USGS Topographic Maps
- Aerial Photographs

## Wetlands – EO 11990

**Wetlands – EO 11990**

**Identification **
- Step 2: Onsite observation:
- Plants
- Soil
- Water indicators

- e.g. Drainage patterns

## Wetlands – EO 11990

- If the site is in a Wetland the ER must contain:
-  Alternatives analysis
-  Mitigation
-  Proof of Public Notice

## Laws and Authorities 58.5

**Laws and Authorities 58.5**

- Historic Preservation
- Floodplain & Wetlands
- HUD Environmental Standards
- Noise
- Above Ground Storage Tanks
- Clearzones
- Toxics

## 24 CFR Part 51

- Subpart A: General Provisions
- Subpart B: Noise Abatement and Control
- Subpart C: Above Ground Storage Tanks with Flammable Liquids and Gases
- Subpart D: Airport Clear zones
- 24 CFR Part 58.5(i) Toxics

## HUD Noise Standards24 CFR Part 51 (b)

## HUD Noise Standards24 CFR Part 51 (b)

**Exceptions:**
** ****Acquisition of existing structures without rehab**
** ****Uses that are not noise sensitive**

## HUD’s Noise Standards24 CFR Part 51(b)

- Acceptable:  Less than 65 DNL
- Normally Unacceptable: 65 -75 DNL
- Unacceptable: greater than 75 DNL
- Determined by exterior noise levels
- Interior Goal is 45 DNL

## HUD Noise Standards24 CFR Part 51 (b)

- When is the calculation required?
- Is the site:
-  1000 feet from  highway
-  3,000 feet from a Railroad
-  15 miles from a civil airport or military airport

## Above Ground Storage Tanks24 CFR Part 51 (C)

## Acquisition of existing single family homes, multifamily developments, other structures
Rehabilitation with out expansion

Because the number of persons exposed to is not increased

- Rehabilitation with out expansion
- Because the number of persons exposed to is not increased

_***Exceptions:***_

**Above Ground Storage Tanks****24 CFR Part 51 (C)**

## Above Ground Storage Tanks24 CFR Part 51 (C)

_***Exceptions:***_

## Above Ground Storage Tanks24 CFR Part 51 (C)

-  size of the tank
-  contents
-   liquid or gas
-   pressurized/ not under pressure
-   distance from project  site
-   Is the tank diked or undiked?

_*Collect the following Information:*_

##      Above Ground Storage Tanks24 CFR Part 51 (C)

**Use the Chart on Page 51 and 52 **
**of the guide book to calculate the ASD**

**HUD assisted Project**

**Stationery**
**Above **
**Ground **
**Storage Tank**

## Mitigation Options

**Bury the assessed tank**
**Move the building outside **
**	****the ASD **
**(exterior uses must also be mitigated)**
**Modify the building design **
**Choose another site**
**Design and implement a barrier**

## Airport Clear Zones24 CFR Part 51 Subpart D

- Policy:
- To _avoid_ provision of HUD funds for projects that are occupied or frequently used by people
- Exceptions:
- Purchase of existing with notice and written statement by airport operator of no planned expansion or buy out planned for the site

## Airport Clear ZonesPart 51 Subpart D

**Prohibits use frequented by people for:**
**  ****No New Construction**
**  ****No major rehab >75%**
**  ****No increase in density**
**  ****No purchase of land for development**

## Clearzone

- APZ

**Notes:**
This is an example of a military airport.  Military airports have Clearzones and accident potential zones.  The regulation is more restrictive in the Clearzone. The APZ has Land Use Compatibility Guidelines for APZs developed with guidelines from DOD.  The project should be compatible with those guidelines.

Civil airports have runway clearzones which are similar to the military the Military clearzone.

The clearzone is the area at the end of the runway.  This is the location where accidents are most likely to happen.  Many cleazones are actually owned by the airport.

## Is there an airport in 1 mile of the site? 
If no, document the file with a map
If yes:
Obtain:
 Civil: “Airport Layout Plan”
 Military: “AICUZ”
To determine:
 Civil: Runway Clear Zone
 Military: 
Clearzone and 
Accident Potential Zone

**If no, document the file with a map**
**If yes:**
**Obtain:**
** ****Civil: “Airport Layout Plan”**
** ****Military: “AICUZ”**
**To determine:**
** ****Civil: Runway Clear Zone**
** ****Military: **
**Clearzone and **
**Accident Potential Zone**

**Airport Clear Zones****24 CFR Part 51 Subpart D**

## Airport Clear ZonesPart 51 Subpart D

- When is an impact review required?
-  When the project site is located at the end of a runway:
-   civil airport: 2,500 feet
-   military airport: 15,000 feet
- If Yes,
- ER must contain written determination by airport operator stating site in or out of Clearzone

## Airport Clear ZonesPart 51 Subpart D

-   Leasing, purchase or sale in Clear Zone or APZ
-   Requires  Notice
-   see HUD website for a copy

-   Notice
- _  __Signature_

## Toxics24 CFR Part 58.5(i)

-  Must determine site is :
-   free of  hazards, contamination
-   toxic chemicals, gas and radioactive materials
-   that could affect:
-   health and safety of occupants, and/or
-   conflict with use of property

## Toxics 24 CFR Part 58.5(i) 

**Emphasis on sites with likely hazards: **
-   Landfills
-   Dumps
-   Industrial sites
-   Gas stations
-   Substations

## Toxics24 CFR Part 58.5(i)

- Very Few Exceptions:
- Phase I: Environmental Site Assessment ASTM standards do not apply to single family but HUD regulations do apply
- However, all HUD funded projects must be free from hazards that could affect the health and safety of the residents or conflict with the intended use of the property

## Toxics24 CFR Part  58.5(i)(2)

**Site must be free of  hazards**
**Multifamily or nonresidential must study previous use**
**Emphasis on sites with known hazards**
**Current techniques by qualified professionals**

## Laws and Authorities 58.5

- Historic Preservation
- Floodplain & Wetlands
- HUD Env. Standards
- Aquifers

## Sole Source Aquifers24 CFR Part 58.5(d)

- Sole Source Aquifers24 CFR Part 58.5(d)

-   **Goal:**
**To preserve and conserve the only **
**source of **
**water for a community****.**

## Sole Source Aquifers

- Exceptions:
- Acquisition of structures with no change in use
- Rehab of existing structures
- States and areas with out sole source aquifers

## Sole Source Aquifers

**Sole Source Aquifers**

- Generally applies to:
-   New Construction
-   Change of use
-   Acquisition of vacant land for development

## Laws and Authorities 58.5

- Historic Preservation
- Floodplain & Wetlands
- HUD Env. Standards
- Aquifers
- Endangered Species

## Endangered Species Act

- Goal: Conserve federally threatened and endangered species
- and their habitats.

## Endangered Species Act 

- Exceptions:
- Building acquisition;
- Rehabilitation;
- Reconstruction w/in existing footprint;
- Demolition;
- Other projects w/out soil disturbance, vegetation removal or excessive noise.

## Endangered Species Act

- Step 1: Consult with USFWS:
- Species known from county (parish)
- Species known from project watershed (aquatics)
- If no – “No Effect”

## Endangered Species Act

- Step 2: Species in community:
- Basic habitat (e.g. forest, field)
- Staff survey (obvious habitat absence)
- Professional survey
- No habitat – “No Effect”
- Habitat, no species – “Not likely to adversely affect”.

## Endangered Species Act

**Likely to Adversely Affect:**
** ****Biological Assessment **
** ****Biological Opinion:**
**Alternatives &**
**Measures**

## Laws and Authorities 58.5

- Historic Preservation
- Floodplain & Wetlands
- HUD Env. Standards
- Aquifers
- Endangered Species
- Rivers

## http://www.rivers.gov/
wildriverslist.html
To identify Wild and Scenic Rivers

**http://www.rivers.gov/**
**wildriverslist.html**
**To identify Wild and Scenic Rivers**

- Wild and Scenic Rivers Act24 CFR Part 58.5(f)

## Wild and Scenic Rivers

- Exceptions:
- Acquisition of existing structures
- Rehabilitation of existing structures

## Wild and Scenic Rivers

-   Applies to designated rivers
-   Study within 1 mile of site
-   For:
-  new construction
-  change of use,
-  major rehab and
-  acquisition of land

## Laws and Authorities 58.5

- Historic Preservation
- Floodplain & Wetlands
- HUD Env. Standards
- Aquifers
- Endangered Species
- Rivers
- Air

## Air Quality  24 CFR Part 58.5(g)

- Air Quality  24 CFR Part 58.5(g)

- Is the site in a Non -attainment Area?
-   Local Requirements on SIP?
-   Will Project impact?

## Exceptions:

**  ****Actions outside non-attainment areas **
**  ****Emission levels below  *****de minmus***** level**
**  ****Rehabilitation activities**
** ****Acquisition for continued use**
** ****Land banking (required when site is developed)**

**Air Quality  ****24 CFR Part 58.5(g)**

## Additional Issues:

**  ****Demolition and Rehab**
**Comply with EPA and State Laws (emissions, asbestos & lead)**
**  ****Project proximity to other sources such as:**
**Stack emissions**
**Roads**

**Air Quality  ****24 CFR Part 58.5(g)**

## Laws and Authorities 58.5

- Historic Preservation
- Floodplain & Wetlands
- HUD Env. Stadards
- Aquifers
- Endangered Species
- Rivers
- Air
- Farmlands

## Farmlands Protection Act24 CFR Part 58.5(h)

-  Avoid impact to farmlands designated as :
- Prime
-  Unique
-  State or Local Importance

## Exceptions:
Rehabilitation of existing buildings
Acquisition of existing buildings

- Rehabilitation of existing buildings
- Acquisition of existing buildings

**Farmlands Protection Act**

## Applies to:
  New construction
  Land acquisition
Outside Urban areas

-   New construction
-   Land acquisition
- Outside Urban areas

**Farmlands Protection Act**

## Farmlands Protection Act

**If outside an urban area:**
**Consult “Important Farmland Map”**
** ****from NRCS;USDOA **

- www.nrcs.usda.gov/technical/NRI/maps/meta/m5970.html

## Farmlands Protection Act

**If site is indicated on map:**
-  conduct analysis using form AD1006
-   If it meets threshold, contact NRCS

## Laws and Authorities 58.5

- Historic Preservation
- Floodplain & Wetlands
- HUD Env. Standards
- Aquifers
- Endangered Species
- Rivers
- Air
- Farmlands
- Coastal Zone

## Coastal Zones24 CFR Part 58.5(c)

- Coastal zone management
-   Exceptions:
-   Rehabilitation of structures
-  Acquisition of existing structures

## Coastal Zones24 CFR Part 58.5(c)

-   Applies to:
-   New construction
-   Conversion of land use
-   Major Rehabilitation
-   Acquisition of undeveloped land

## Coastal Zones 24 CFR Part 58.5(c)

**Avoid**
**If not,**
-  Increased compliance time
- Obtain letter indicating project is Consistent with **State Coastal Zone Management Plan**

## Laws and Authorities 58.5

- Historic Preservation
- Floodplain & Wetlands
- Coastal Zone
- Aquifers
- Endangered Species
- Rivers
- Air
- Farmlands
- HUD Env. Standards
- Environmental Justice

## Environmental Justice24 CFR Part 58.5(j)

- EO 12898
- Addresses:
-   Disproportionate impact:
-   adverse effects on human health
-   environmental effects
-   to low income and minority populations

## Environmental Justice

-  **Exceptions:**
**Projects without adverse health effects**

## Environmental JusticeE.O. 12898

-   Is there an environmental impact or condition:
- If yes, does the condition disproportionately affect:
- Low Income
- Minority

## Environmental JusticeApplies to:

-  Disproportionate impact to low income and minority for:
- Acquisition of existing housing
-   Acquisition land for development
-   New Construction

## Laws and Authorities 58.6OTHER

-   Flood Insurance

## Laws and Authorities 58.6OTHER

-   Flood Insurance

-   **Coastal Barrier**

## Laws and Authorities 58.6OTHER

**Clear Zone notice**

-   Flood Insurance

-   **Coastal Barrier**

## Flood Insurance

-  Purchase of Flood Insurance is **mandatory** for properties assisted with HUD funds & located in the Special Flood Hazard Area (SFHA) 100 year flood plain

## Flood Insurance How Much – How long?

- Grants:
-  Life of the property
-  * Even if title is transferred
-  Amount of the **project** cost
- Loans:
-  Life of the Loan
-  Amount of the Loan

## Flood InsuranceExceptions

-   Formula Grants to State
-   State Owned Property
-   Loans of < $5,000 repaid in 1 year
-   Leasing without rehab, acquisition or improvements
-   Maintenance – **very limited** NOT Rehab
- See maintenance memo from you FEO

## Coastal BarriersCoastal Barrier Resources Act

**Prohibits Federal funding for projects in coastal barriers****.**

**Consult DOI Maps**

## Coastal Barrier Resources

-   Designated by:
-   US Fish and Wildlife
-   Coastal Barrier Maps and FEMA Maps
-   Administered by:
-   NOAA with local CZM Agencies
-   Covers:
-   Gulf of Mexico
-   Atlantic
-   Great Lakes

## Clearzone Notification

- Notification mandatory for acquisition or leasing including minor rehab in Clearzone

-   Notice
- _  __Signature_