Welcome to the COMPLIANCE SESSION

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Welcome to the COMPLIANCE SESSION

• ENVIRONMENTAL REQUIREMENTS
• Afternoon session will cover new CHIP
• FEDERAL LABOR STANDARDS
• SECTION 3 (Compliance and Reporting)
• PROPERTY ACQUISITION
• HUD CONFLICT OF INTEREST PROHIBITION

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Environmental Requirements for CDBG and CHIP
Compliance
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Why conduct an Environmental Review (ER)?

• Mandatory General Condition of all CDBG Grants
• Publicly Accessible Available Env Review Record
  (ERR) must be maintained by Recipient
• Includes all required actions for NEPA and other
  Env. Laws Regs
• Most Important Gotta do it to get your !
• Note NEPA National Environmental Policy Act

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ENVIRONMENTAL REVIEW RECORD (ERR)

• Will include any or all of the following
• Finding of Exemption (all awards)
• Statutory Checklist (all awards)
• Environmental Assessment
• Public Notices
• Public Comments Responses
• Evidence of Coordination
• Request for Release of Funds/Certification
• DCA Release of Funds Letter (all awards)
• What belongs in your ERR?

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ENVIRONMENTAL REVIEW FLOW CHART Will Help You
Determine the ER Requirements for your Project!!!
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EXEMPT ACTIVITIES

• You mean there are project activities NOT subject
  to the ER?
• Yes! Exempt activities
• Design (activity code)
• Engineering (activity code)
• Administration (activity code)
• Down Payment Assistance, but.
• Why do you think these activities are exempt from
  the ER?

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CATEGORICALLY EXCLUDED ACTIVITIES

• Whats the difference between Exempt
  Categorically Excluded (C.E.) activities?
• C.E. means excluded from NEPA, but not from
  other env. laws regs like
• Section 106 (historic preservation)
• Wetlands
• Floodplains
• Think of C.E. activities as almost exempt from ER

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CATEGORICALLY EXCLUDED ACTIVITIES (cont.)

• Some Examples
• Improvements with only a minimal change in use,
  size, capacity or location
• Replacement waterlines
• Existing Bldg not modified 20
• Housing Rehabilitation
• Cost lt 75 of replacement cost after rehab
• Machinery and Equipment acquisition for Econ Dev
• Understand the difference between Exempt
  C.E.?
• How do you address C.E. activities in your ER?

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Directions Exempt activities complete FOE form
and keep in your ERR (do not submit to DCA). No
further action required. Do send in for Single
purpose Down Payment Assistance projects. C.E.
activities complete FOE form plus Statutory
Checklist submit to DCA for NEPA clearance.
Statutory Checklist will help determine if other
law reg compliance is necessary.
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Other Applicable Laws24 CFR Part 58.5

• Use STATUTORY CHECKLIST
• Source of conclusions very important
• See Appendix 1 for copy of form
• For unspecified sites put on-going review
• Send to DCA the Statutory Checklist for all CHIP
  projects.

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The Environmental Assessment

• Project have activities not Exempt or C.E.? (like
  most CDBG projects?)
• You must complete Env. Assessment!!!

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The Environmental Assessment

• Identifies evaluates project impactspositive
  adverse, long-term short-term
• Includes mitigation measures when negative
  effects identified
• Lists alternatives
• Gives citizens confidence that youre
  environmentally responsible

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The Environmental Assessment (cont.)

• Statutory Checklist to document applicable law
  and reg. compliance
• Env. Checklist-Format II or New HUD Form
• Documentation Documentation Documentation!
• Handouts Available

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Environmental Assessment (cont.)

• The Env. Checklist Format II covers 7 areas
• Land Development
• Noise
• Air Quality
• Env Design Historic Value
• Socioeconomic
• Community Facilities Services
• Natural Features

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Environmental Assessment (cont.)

• Determine each area as 1 of 4 impact categories
• No Impact
• Beneficial Impact
• Adverse documentation only
• Adverse Needs More Study or Change in Project
• Document legitimate, authoritative sources in
  your determination!
• Example Use a FIRM as source if you suggest
  No Impact on floodplains

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The Certifying Official (aka Chief Elected
Official) must sign accept legal responsibility
for the Finding of No Significant Impact (FONSI)
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Environmental Assessment (cont.)

• Next Steps
• Publish Concurrent Notice in legal or non-legal
  section of newspaper
• Its Concurrent bc it notifies public of 2
  things
• Finding of No Significant Effect
• Intent to Request Release of Funds (RROF)
• Keep full tearsheet (will be checked by DCA Field
  Staff)
• Give public 15 days for comment then submit RROF
  to DCA
• DCA will give 15 more days for public comment
• DCA will send Release of Funds letter to you

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Summary of Env. Review Steps

• Set-up Environmental Review Record (ERR)
• Complete Finding of Exemption for all Exempt
  and/or Categorically Excluded activities (see
  slide 9)
• Complete Statutory Checklist
• Document Compliance with other applicable
  environmental laws regs (not NEPA), such as
• Floodplains
• Wetlands
• Historic Preservation (Section 106)
• Complete Environmental Assessment checklist to
  determine Finding of No Significant Impact
  (FONSI)
• Publish Concurrent Notice, wait 15 days
• Send RROF/Certification to DCA, wait another 15
  days.

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FLOODPLAINS and/or WETLANDS

• Determine if action is in a wetland or floodplain
• Provide Early Notice
• Evaluate Alternatives and Impacts
• Design Mitigation
• Provide Finding of Explanation
• Wetland Section 404 Permit

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Historic Preservation Special Conditions(Must
Clear Prior to Signing FONSI)

• McDuffie County (CDBG-R)
• Thomasville (CHIP Revitalization)
• Dooly County (CDBG Housing)
• Quitman (CDBG Multi-Activity)
• Toccoa (CDBG Multi-Activity)

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Programmatic Agreement

• Applicable to all CDBG and CHIP Housing
  activities
• Available on DCA Web site

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Important Points to Remember

• The Certifying Official must sign the Env.
  Assessment
• The C.O. is the Chief Elected Official and is
  legally responsible for compliance
• No grant will be available for non-exempt
  activities until Release of Funds letter is
  issued
• Do not disqualify your project from by
  commencing without env. clearance

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• For Your Reference
• HUD Regulation 24 CFR Part 58 outlines the
  requirements.
• Chapter 2, Section 2 of the CDBG Recipients
  Manual explains the process.
• DCA Contact
• Rick Huber, Compliance Manager
• Phone [phone]
• E-mail rick.huber_at_dca.ga.gov