Part 50 Headquarters Training

1

2
HUD's Environmental ReviewProcess
3
WELCOME

• Richard Broun, Director
• Office of Community Viability

4
INTRODUCTION

• Charles Bien
• Director, Environmental Review Division

5
Goals for the Course

• Which regulation is applicable
• Part 50 or Part 58
• Monitoring and RROF
• under Part 58
• Basic Concepts
• forms,
• level of review,
• process procedures

6
Goals for the Course

• Where to find additional info
• FEO, Regulations, HUD other Agencies
• Timing
• Overview of Laws
• and Authorities

7
Organizational Structure
Policy and Decision Making
Office of Housing
Office of PIH
Public Housing
Environmental Clearance Officer
8
Organizational Structure
Environmental Review Div.
Departmental Environmental
Clearance Officer
Housing Environmental
Public Housing
Clearance Officer
Environmental Clearance Officer
Local Supervisor
HUD Program
Field Environmental Officers
Approving Official
9
(No Transcript)
10
The Basics

• Call Your
• FEO
• if you have
• questions

11
The Basics

• Environmental
• Review
• is a study of
• the site

12
The Basics

• The FONSI
• Cannot be made
• until the
• Review is
• complete

13
The Basics

• Funds cannot be committed prior to the completion
  of environmental process

14
The Basics

• The physical activities cannot begin until the ER
  is complete

15
Why we conduct Environmental Reviews?
16
Decent Safe Sanitary
17
Why we conduct Environmental Reviews?
18
Federal Laws and Authorities

• National Environmental Policy Act
• Laws and Authorities listed at 24 CFR Part 50.4

19
National Environmental Policy Act1969

• Requires - Federal Agencies to develop
  Environmental Regulation
• Establishes -Levels of Review
• Requires - Public Notification
• Created -
• Council on Environmental Quality

20
HUDs Environmental Regulations

• 24 CFR Part 50 - HUD Review
• 24 CFR Part 51 - Manmade Hazards
• Preamble
• Noise
• Explosives and Flammable
• Runway Clear Zones
• 24 CFR Part 52 - Intergovernmental
• 24 CFR Part 55 FP and Wet Lands
• 24 CFR Part 58 - Local Gov. Review

21
Related Laws and Authorities24 CFR Part 58.5 and
50.4

• Historic Preservation
• Floodplains Wetlands
• Water Quality/Air Quality
• Coastal Management
• Endangered Species/Wild Scenic Rivers
• Farmlands
• Hazards (Part 51) /Envir. Justice

22
Other Requirements24 CFR Part 50.4 as indicated
and 24 CFR Part 58.6

• Flood Insurance
• Coastal Barriers
• Runway Clear Zones

Always Applicable for Physical Activities
23
Which Regulation is applicable?
Part 58?
Part 50?
24
When is Part 58 Applicable?

• Local Governments MUST assume responsibility
• for grants made directly to the
• local government
• when legislation permits

25
When is Part 58 Applicable?

• Local Governments
• are encouraged
• to be responsible for ERs when grants are made to
  other entities

26
When is Part 58 Authorized?

• CPD Programs
• CDBG, HOME,
• ESG, HOPWA,
• EDI BEDI,
• SHOP Section 108 Loan
• SHP

27
When is Part 58 Authorized?

• PIH Programs
• Hope VI
• Capital Fund
• Section 8 Project Based

28
When is Part 58 authorized?

• Housing Programs
• FHA Multifamily HFA Risk Sharing

29
HUD Responsibilities Under Part 58

• Approve HUD 7015.15 RROF and Certification
• Complete 7015.16 Removal of Grant Condition
• Maintain log

30
HUD Responsibilities Under Part 58

• Monitor for compliance
• Limited monitoring
• by Program Staff
• In Depth monitoring
• by FEOs

31
When is Part 50 Applicable?

• Programs legislation doesn't allow delegation
  to Local Government (LG)
• Projects where City refuses to accept
  responsibility (and is not direct recipient)
• HUD determines LG does not have capacity

32
Forms to be used under Part 50

• HUD 4128 and
• Field Notes Checklist

33
The HUD 4128

• 1. The Grant Number
• 2. Date we received the application
• 3. The actual site address
• 4. The funded agencys address

34
The HUD 4128

• 5. Use of project
• 6. Size of project
• 7. Will people be moved?
• 8. Type of construction
• 9. Did you use another ER?

35
The HUD 4128

• 10. Compliance with
• Zoning
• Coastal Zone
• Air Quality
• 11. The level of review/finding

36
The HUD 4128Who signs?

• HUD staff person
• Staff persons Supervisors signature
• ECO only for more than 200 units
• Comments from Program Director Signature of
  Program Director
• Finding not final until signed by
• Program Director

37
Forms HUD-4128 Page 2

• Part A projects subject to 50.20
• Part B projects subject to 50.31

38
Field Notes Checklist

• Developed by Housing
• Designed to document site conditions
• Available at HUD.gov

39
Morning Summary

• Consult with your FEO
• NEPA is a Federal L aw
• All HUD staff have a role

40
Morning Summary

• Process under Part 50 or Part 58?
• Even under Part 58 HUD has a role
• Complete entire form

41
Questions from the Field
42
Lunch

• We will return at 130 EST

43
Overview ofHUD's Environmental
ReviewProcessAfternoonSession
44
Terms 24 CFR Part 50.2

• Environmental Review
• HUD Approving Official
• Project
• Aggregation

45
HUD Environmental Policy24 CFR Part 50.3(a, c,
f)

• HUD MUST
• Begin ER early in project planning (f)
• Reject projects with SIGNIFICANT impact (a)
• Include mitigation in Grant/Loan doc (c)

46
HUD Environmental Policy50.3(b)The HUD
Approving Official

• shall consider environmental objectives
• shall consider other departmental objectives in
  the decision making process

47
HUD Environmental Policy24 CFR Part 50. 3(g)
Early Notification to Applicant

• Collect information and submit to HUD
• NO acquisition, or
• No physical work w/o HUD approval
• Must carry out mitigation

48
HUD Environmental Policy24 CFR Part
50.3(h)(1-3)Approval Prior to site selection

• Applicant shall agree to
• Provide information needed for ER
• Carry out mitigating measures
• No physical actions until HUD approval of ER

49
HUD Environmental Policy24 CFR Part 50.3(i)(1)

• All property used in HUD projects
• be free of
• hazardous materials
• contamination
• toxic chemicals and gases
• effect health and safety of occupants

50
HUD Environmental Policy24 CFR Part 50.3(i)(2)

• HUD ER Of
• Multifamily
• Non-residential Sites

Will include study of previous use evidence of
contamination on or near the site
51
HUD Environmental Policy24 CFR Part 50.3(i)(3)

• In Particular
• Landfills
• Dumps
• Industrial sites
• Gas Stations
• Substations

52
HUD Environmental Policy24 CFR Part 50.3(i)(4)

• USE
• current techniques
• by qualified professionals

53
HUD Environmental Policy24 CFR Part 50.3(i)(4)
HUD uses ASTM Standards Phase I Environmental
Site Assessments followed by Phase II and III
when Recognized Environmental Concerns are
found
54
HUD Environmental PolicyWhat is a Phase
I?Environmental Audit or Site Assessment
The Audit reviews existing regulated facilities
in the project area The Site Assessment Includ
es Phase I, II and III Standard process set up
by ASTM
55
Who is responsible for ER24 CFR Part 50.32

• Applicant/Lender
• Collects information/hires a consultant
• Submits required info to HUD

56
Who is responsible for ER24 CFR Part 50.32

• HUD Program staff
• Conducts the environmental review
• Evaluates documentation
• Supplements documentation
• Recommends the finding

57
Who is responsible for ER24 CFR Part 50.11 and 32

• HUD Approving Official
• Evaluates the ER
• Is responsible for scope and content
• Makes environmental finding
• Goes to court in a lawsuit
• Environmental Clearance Officer
• Must concur on projects w/gt 200 units

58
Decision Points 24 CFR Part 50.17

• For projects that require an EA (or EIS)
• EA must be complete
• Finding must be made
• ECO sign off
• (for more than 200)
• Prior to Decision Point

59
Level of Review

• Full Assessment
• Categorically Excluded
• Categorically Excluded NOT Subject to 50.4

60
Levels of ReviewCategorically Excluded and Not
Subject to 50.4

• These activities at 24 CFR art 50.19
• Do not require an environmental review
• Do not alter physical conditions
• Are not subject to
• the Laws and Authorities, or
• NEPA
• However

61
Example Homeownership Assistance 24 CFR part
50.19(b)(15)

• must comply with
• 50.4(b)(1) Flood Insurance
• 50.4(c)(1) Coastal Barrier
• 51.3(a)(3) Clear-zone notification

62
Levels of ReviewCategorically Excluded

• Activities listed at 24 CFR Part 50.20
• ARE subject to
• the Laws and Authorities, but
• NOT NEPA
• Require Part A of the 4128

63
Categorically Excluded Activities24 CFR Pat
50.20(a)(1)

• Removal of
• Material
• Barriers
• That restrict
• Mobility
• Accessibility
• To Elderly or disabled

64
Categorically Excluded Activities24 CFR Pat
50.20(a)(2)

• Rehab of Structures
• density does not change
• No change in use
• cost of rehab islt 75 of replacement after rehab

65
Categorically Excluded Activities24 CFR Pat
50.20(a)(3)

• Individual Action on 1 to 4 family dwelling
• Or, more than 4 if
• On scattered sites
• More than 2,000 feet apart

66
Categorically Excluded Activities24 CFR Pat
50.20(a)(4)

• Acquisition or Disposition of
• Existing structure
• Loans on Existing
• No change of use

67
Categorically Excluded Activities24 CFR Pat
50.20(a)(5)

• Purchase or refinance of
• Housing, or
• Medical facility
• under 223f

68
Categorically Excluded Activities24 CFR Pat
50.20(B)

• Project may require an EA if
• Significant Impact, because of
• Extraordinary circumstances
• Could also require a EIS

69
Use Of other ERs24 CFR Part 50.35

• NEPA requires us to
• Avoid repetitive discussions of the issues
• Use other agencies ERs and EISs, but
• HUD must conduct env. analysis
• Add HUD requirements (part 51)
• Make Environmental Finding

70
Environmental Assessment24 CFR Part 50.31

• What activities require an EA
• Change in use
• Rehab value gt 75
• New Construction

71
Environmental Assessment24 CFR Part 50.31

• Form 4128 A and B
• Requires Environmental Finding
• Access the EXTENT of Environmental Impact

72
Action From Assessment24 CFR Part 50.33
?

• Project can be approved when
• Modification not necessary
• Accepted with modifications

• Reject proposal if
• impacts significant or unavoidable

73
Action From Assessment24 CFR Part 50.33
EIS

• EIS is required
• if project with
• Significant
• Impact
• is not rejected

74
Updating the ER24 CFR Part 50.36

• Update HUD review
• Change in Magnitude
• Nature
• Extent

Not usually required for new funded amount for
same project and site
75
Lets Review
76
Conducting the ER

• Rely on Experts (local, state, federal and
  consultants)
• Collect and evaluate information
• Phase I only addresses Toxics
• Use HUD Form 4128
• Refer to HUD Handbooks

77
HUD Program StaffHas Role Under Part 50 58

• Under Part 58
• RROF processing
• Oversight of local government
• Under Part 50
• Conduct environmental review

78
Levels of Reviewunder Part 50 and 58

• Full Assessment
• Categorically Excluded
• Categorically Excluded NOT Subject to 50.4
• Or Exempt

79
Questions from the Field
80
Laws and Authorities
81
Historic Preservationwith David Blick
82
Historic Preservation

• Federally assisted projects must comply with
• Section 106 of the National Historic Preservation
  Act (16 U.S.C. 470 et seq.)
• 36 CFR Part 800 (Effective Jan 11, 2001)

83
Applies to National Register Resources

• Above ground Built Environment
• Below ground Archaeology
• Sacred Sites and Traditional Cultural Places
• Buildings, Objects, Districts, Sites, Structures
  (BODSS)

84
Section 106

• Mandates consultation, not preservation
• Must follow procedures in 36 CFR 800
• Concept Prior to the approval of a release of
  funds, you must afford ACHP a reasonable
  opportunity to comment

85
Partners

• Advisory Council on Hist Pres (ACHP)
• State Historic Preservation Officer (SHPO)
• Tribal Historic Preservation Officer (THPO)
• Consulting Parties the Public

86
Six Step Process

• Is project an undertaking?
• Does project have potential to cause effects?
• Define area of potential effect
• Identify/evaluate historic resources
• Assess effects
• Resolve adverse effects (MOA)

87
Termination of Consultation

• If resolution is not possible, termination of
  consultation is allowed
• Requires Head of Agency approval

88
Work with Your SHPO

• Is your best source of historic information
• Take time to develop good working relationship
  level of trust
• Dont rely on SHPO to do research for you
• Submit findings that are close-ended
• SHPO can only answer Y or N

89
Work with Your SHPO

• You are NOT required to comply with SHPO requests
  or non-concurrences
• You ARE required to consider their comments
• Agreeing with SHPO leads to quicker completion of
  the process
• Use your negotiation skills

90
Things to Do/Ask

• Start consultation as early as possible
• Is your project subject to an existing Sect 106
  agreement (MOA or PA)?
• If yes, follow the steps in that agreement
• Seek advice from your HUD Regional/Field
  Environmental Officer or HUD HQ

91
Archaeological Surveys

• Do archaeological surveys under the following
  conditions
• Project will impact NR resources
• Project will impact an area that is in the
  vicinity of NR resources
• Project will impact an area that is highly
  probable to contain significant resources
• Based on substantiated evidence
• Decided by project sponsor and HUD FEO

92
Archaeological Surveys

• Costs for surveys are incurred by project sponsor
• HUD does not cover costs of surveys
• Grant agreements contain stop-work provisions for
  unanticipated environmental discoveries
• This includes archaeology

93
Helpful Information

• Websites
• www.achp.gov
• www.cr.nps.gov
• www.ncshpo.org
• www.nathpo.org
• David_G._Blick_at_hud.gov
• 202-708-2894, ext. 5718

94
Floodplain 24 CFR Part 55
95
Executive Order 11988Required

• Federal Agencies to
• avoid development in the Floodplain
• develop regulations
• (24 CFR Part 55)

96
Floodplain ManagementPurpose

• Federal Agencies should
• avoid development in FP
• avoid adverse effect to FP
• study alternatives to project

97
Why?
98
(No Transcript)
99
Floodplain Management24 CFR Part 55

• Applies to physical actions in 100yr
• 1-4 family rehab if gt 50 value
• buildings
• roads
• pipelines
• anything except minor clearing and grubbing

100
24 CFR Part 58.12Eight Step Process N/A

• 1-4 family dwelling lt 50 change in value
• Minor repairs NOT Rehab (see Q and As)
• Incidental portion in floodplain
• Imminent threats to health/safety
• Minor amendment to approved action
• Down payment assistance to existing
• Areas with LOMA/LOMR
• Mortgage Insurance (Single Fam)

101
Alternatives

• New Site

102
Alternatives

• New Site
• Redesign Existing Site

103
Alternatives

• New Site
• Redesign Existing Site
• Obtain LOMA or LOMR

104
Alternatives

• New Site
• Redesign Existing Site
• Obtain LOMA or LOMR
• Conduct 8 step to study alternatives

105
Floodplain ManagementDecision Making Process

• Requires
• Consideration of alternatives
• Public Notice/s (2)
• Mitigate damage
• Process called 8 Step Process

106
The 8-Step Process Step 1

• Is the site in the 100 yr Floodplain?
• IF no,
• Photo Copy FIRM Map and panel
• Mark the site
• Use to document the ER
• Proceed with project

107
HUDs Floodplain Management 24 CFR Part 55

• Incidental to
• The site

108
The 8-Step Process Step 1

• Is the site in the 100 yr Floodplain?
• IF no, to building or construction
• Photo Copy FIRM Map and panel
• Mark the site
• Use to document the ER
• (24 CFR Part 55.12(b)(6))
• create covenant or
• Restriction drainage plan
• Proceed with project

floodplain
Structure
109
The 8-Step Process Step 1

• Is the site in the 100 yr Floodplain?
• site? building? both?
• IF yes to building
• or both
• Continue to Step Two

floodplain
Structure
110
Step 2 Early Public Notice

• allow 15 DAY comment period
• shall state
• The name of the project
• Proposed location
• Describe the activity
• Amount of property in the FP
• Location of the environmental record
• Name the Official to send comment to

111
Step 3 Evaluate Alternatives

• What are the alternatives?
• Alternative sites?
• natural conditions
• social demands/needs
• economic cost
• legal limitation
• Alternative methods to achieve project goals
• A no project alternative

112
Step 4 Identify Impacts

• impact to the floodplain
• impact to people and property
• Types of impact
• Positive and Negative
• Concentrated and Dispersed
• Short and long term

113
Step 5 Minimize Restore and Preserve

• minimize harm lives and property
• limit fill of floodplain
• minimize grading
• relocate non-conforming structures
• preserve natural drainage
• maintain buffers
• use detention ponds
• minimize tree cutting

114
Step 6 Reevaluate the Project

• is project still feasible considering
• exposure to floods
• potential to increase hazards
• new information gathered in step 4 and 5

115
Step 7 Publish the Final Notice

• If it is determined there is no alternative
• Publish Final Notice
• justify location in Floodplain
• list alternatives considered
• list all mitigation measures
• WAIT seven days

116
Step 8 Implement the project

• HUD Program Staff Must
• continue to monitor and
• ensure mitigation measures are implemented

117
Eight Step ProcessTiming

• Process must be completed prior to FONSI

118
Wetlands Protection
119
Protection of Wetlands EO 11990

• Required Federal Agencies to develop regulations
  to avoid
• destruction /modification of wetlands
• long and short term adverse impacts

120
Protection of WetlandsPurpose

• Federal Agencies should
• avoid long and short term impacts (destruction
  and /or modification of wetlands)
• avoid support of construction in wetland
• requires 8-step process

121
Protection of Wetlands EO 11990

• Requires Federal Agencies to avoid assistance for
  New Construction in Wetland Unless
• 8-step process completed
• there is no alternative,
• minimize harm to wetland,
• consider economic environmental impact

122
24 CFR Part 55currently only covers flood plain

• HUDs wetlands regulation
• similar to Floodplain regulation
• requires 8-step process
• can be conducted jointly for Floodplain and
  Wetland

123
Protection of WetlandsLimits

• EO 11990 is NOT Corps of Engineers Section 404
  permitting required by the Clean Water Act
• National Wetlands Inventory Map (published by US
  fish and wildlife)

124
Hazards 24 CFR Part 51
125
Manmade Hazards Part 51

• Part 51
• Subpart A General Provisions
• Subpart B Noise
• Subpart C Thermal Explosives
• Subpart D Airport Clear Zones

126
Noise
127
Obtain a copy of the guidebook From your FEO
128
Noise Part 51(b)

• Noise is
• unwanted sound
• is subjective
• Regulation Applies to Noise sensitive uses

129
NoisePart 51 Subpart B

• HUDs general policy
• Noise is
• environmental pollution
• threat to quality of life
• Good Planning
• land use compatibility
• economic viability

130
HUDs Noise RegulationPart 51 Subpart B

• Establishes minimum standards
• Promotes compatible land uses
• Establishes HUDs noise criteria
• Requires NO new construction above 75
• Requires study only for rehab

131
How is noise measured???

• Day-night levels (DNLs)
• accumulated from all sources averaged over a 24
  hour period
• weighted 10 decibel (nighttime)

132
HUDs Noise Standards

• Acceptable 65 DNL or less
• Normally Unacceptable 65 -75 DNL
• Unacceptable greater than 75 DNL
• Determined by exterior noise levels

133
HUDs Noise Goals

• Exterior EPA recommends 55db HUD up to 65
  db
• Interior goal 45 DNLs.
• Attenuation where feasible.

134
Noise Attenuation

• Attenuation
• Barriers or berms
• Site design
• Acoustical construction (STC rating)

135
Attenuation

• Barrier

Line of Sight
SOURCE
136
Noise - Thresholds

• Must Consider
• Civilian Airports /5 miles
• Military Airports /15 miles
• Railroads /3,000 ft.
• Major Roadways /1,000 ft.

137
Determining Effective Distances

• Measure
• direct line - source to building

SOURCE
138
Tools for Noise Study

• map, ruler, and data
• project for 10 years
• combined effects of
• Aircraft
• Railroad
• Roadway

139
Airport NoiseStudies

• Civil Airport
• Airport Layout Plan
• Military
• AICUZ Study

140
Noise Contours
141
Railways

• RR within 3,000 feet
• Contact RR or Planning Dept.

142
Data CollectionType of Data Needed

• Railroads (Worksheet D) Page 78
• Distance from NAL to RR track
• Number of trains in 24 hours
• Fraction of nighttime operations
• Number of rail cars per train
• Average speed
• Tracks welded/bolted?
• Whistles or horns at crossings?

143
Roadway

• Major Highways
• Busy Roads
• Within 1,000 feet from site

144
Data Needed for Roadway

• Distance to centerline
• Stop sign
• Grade
• Speed
• Number of trips
• nighttime noise
• Project to 10 years

145
Hazardous Facilities24 CFR part 51 subpart C
146
Obtain a copy of the guidebook From your FEO
147
Thermal Explosive HazardsPart 51 Subpart C

• Above ground
• More than 100 gallons
• Flammable Liquid or Gas
• Pressurized and un-pressurized
• Within 1 mile

148
Hazards 51 C What Activities Apply?

• Industrial
• Commercial
• Residential
• Institutional
• Recreational Use
• When Rehab with increased capacity or New
  Construction

149
Why?

• Blast over - pressure
• Thermal Radiation

150
Thermal Explosive HazardsPart 51 Subpart C
ASD for People and Buildings
151
HazardsNot Applicable

• Natural Gas with Floating Top
• Tank trucks and rail cars
• Underground storage tanks
• Sea going vessels and tankers
• Tanks without explosive or flammable material

152
Thermal Explosive HazardsPart 51 Subpart C

• Steps to Compute ASD
• 1. size of the tank
• 2. contents
• liquid or gas?
• under pressure
• 4. distance from project site?
• 5. calculate using P. 52-53 of the Guidebook

153
Airport Clear zones24 CFR Part 51 subpart (d)
154
Airport Clear ZonesPart 51 Subpart D

• Obtain
• Civil Airport Layout Plan
• Military AICUZ
• To determine
• Civil Runway Clear Zone
• Military Clearzone and Accident Potential Zone

155
APZ
Clearzone
156
Clear Zones andRunway Clear Zones

• Policy to prevent incompatible development
• Prohibits use frequented by people for
• No New Construction
• No major rehab gt75
• Increase in density

157
Airport Clear ZonesPart 51 Subpart D

• Leasing, purchase or sale in Clear Zone or APZ
• Requires Notice
• Copy (QAs page 3)

Notice Signature
158
Toxics
159
Toxics24 CFR Part 50.4(i)Policy 50.3(i)

• HUD must determine site is
• free of hazards, contamination
• that could effect
• health and safety
• use of property

160
Toxics

• Study of Previous Use is required for
• Multifamily projects
• Non-residential

161
Phase I Environmental Site Assessment

• What is it
• Standard created by ASTM for Real Estate
  Transactions
• Studies
• Previous Uses
• Site Observation
• Adjacent uses

162
Level of Review under ASTM

• Phase I
• IF cannot rule out REC
• Stds. exclude asbestos and lead
• Proceed to Phase II
• Testing to Rule out REC
• If issues remain
• Proceed to Phase III
• Long term testing
• Mitigation plans
• Cost estimates

163
Toxic SitesProgram Staff Can Also

• Observe site for toxics
• Review lists/EPA Web site
• Study of previous use

164
Other compliance factors
165
Coastal Zone Management Act

• Is the site in CZM?
• Check with CZM Agency
• If yes
• Project Consistent with CZM Plan?
• Obtain letter of Consistency

166
Coastal Zones

• Designated by CZM State Agency
• Applies to
• New construction
• Conversion of land use
• Major Rehabilitation
• Acquisition of undeveloped land

167
Sole Source Aquifers

• Goal
• To preserve and conserve the only source of water
  for a community.

168
Sole Source Aquifers

• Generally applies to
• New Construction
• Change of use
• Acquisition of vacant land

169
Water QualitySole Source Aquifers

• Refer to Website to identify SSA
• If yes,
• Contact EPA for MOU
• Comply with Requirements of MOU

170
Endangered Species
171
Endangered Species Act

• Must consider potential impacts on
• Endangered Species
• Threatened Species
• Critical Habitats
• When the above are listed or proposed for listing

172
Endangered Species

• Look at web site
• http//endangered.fws.gov/wildlife.htmlSpecies
• Initiate the Informal process
• call, write local FWS
• develop data base

173
Endangered Species

• Species or Critical Habitat?
• Is there an effect?
• If yes, Conduct a Biological Assessment
• Enter Formal Consultation
• With FWS or National Marine Fisheries

174
Endangered Species

• Generally applies only to
• New Construction
• Land Acquisition
• Could apply to
• Conversion
• Major Rehab

175
Wild and Scenic Rivers
176
Wild Scenic Rivers Act

• Check Web site
• www.nps.gov/rivers/wildriverslist.html
• To identify Wild and Scenic Rivers

177
Wild and Scenic Rivers

• Applies to designated rivers
• Within 1 mile of site
• For
• new construction
• change of use,
• major rehab and
• acquisition of land

178
Air Quality - The Clean Air Act

• Non Attainment Area?
• Local Requirements on SIP?
• Will Project impact?

179
Does NOT apply to ...
Air Quality - The Clean Air Act

• Actions outside non-attainment or maintenance
  areas
• Emission levels below de minmus level.
• Exempt actions. Ex Emergency actions, research
  activities, etc.

180
Farmlands Protection Act

• Prime
• Unique
• State or Local Importance

181
Farmlands Protection Act

• Applies to
• New Construction
• Land Acquisition
• Outside Urban areas

182
Farmlands Protection Act

• If outside urban area
• Consult Important Farmland Map
• from NRCS,USDOA
• http//www.info.usda.gov/nrcs/fpcp/fppa.htm

183
Farmlands Protection Act

• If site is indicated on map,
• conduct analysis using form AD1006
• If it meets threshold, contact SCS now NRCS

184
Environmental Justice
185
Environmental JusticeE.O. 12898

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

186
Environmental Justice

• Result of EO 12898
• Signed during Clinton Administration
• Addresses
• Disproportionate potential for
• adverse effects on human health
• environmental effects
• to low income and minority populations

187
Environmental JusticeApplies to

• Acquisition of existing housing
• Acquisition land for development
• New Construction
• see Page 14 of Q and As

188
Other Requirements

• Flood Insurance
• Q and As Pages 16 to 20

189
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

190
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

191
Flood InsuranceExceptions

• Formula Grants to State
• State Owned Property
• Loans of lt 5,000 repaid in 1 year
• Leasing without rehab, acquisition or
  improvements
• Maintenance very limited NOT Rehab see page
  19 QAs

192
Coastal BarriersCoastal Barrier Resources Act

• Prohibits Federal funding for projects in coastal
  barriers.

Consult DOI Maps
193
Coastal Barrier ResourcesPage 5 of Q and As

• 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

194
Clearzone NotificationPage 4 of QAs

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

195
Solid Waste DisposalRCRA

• Project generates solid waste?
• Need to consider
• Project generating waste?
• Proximity to disposal facilities
• Capacity of facilities
• Any known hazardous waste issues

196
Afternoon Review

• Part A Items 16 to 24
• Have specific procedures
• Applicant can submit data
• EA must be complete prior to FONSI
• HUD Program Staff is responsible
• Consult with your FEO

197
Questions from the Field