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February 2016 | FCDA | (386)322-3787
Newsletter
Environmental 101 Training 2016
HUGE SUCCESS!!
2015-2016 Board of Directors
Valmarie H. Turner, FCDA President
Cheryl Howell, FCDA 1st V.P.
Nancy Jewell, FCDA 2nd V.P.
Dorina Jenkins, FCDA Past-President
Cheryl Amey, FCDA Past-President
LaCree Carswell-FCDA Past President
Kenneth Pinnix, FCDA Past-President
Janet Hamer, FCDA Past-President
Felicia Crosby-Rucker, FCDA Board
Nancy Dresser, FCDA Board
Annie Gibson, FCDA Board
Celestia McCloud, FCDA Board
R.T. Hillery, FCDA Board
Octavia Sherrod, FCDA Board
Vanessa McCleary, FCDA Board
Vickki Placide, FCDA Board
Marci Irwin, FCDA Board
Aileen Pruitt, FCDA Board
Mildred Reynolds, FCDA Board
Yvette Lopez, FCDA Board
Giovanni Moss, FCDA Board
Emory M. Counts, Executive Director/
Secretary/ Treasurer
On February 5, 2016, FCDA partnered with Seminole County Government to sponsor its first ENVIRONMENTAL 101 TRAINING WORKSHOP. About 75 attendees learned more about the various components and fine nuances of the environmental review process. Lake County’s Cheryl Howell was excellent as the ER Trainer, she went patiently through the regulations and several handouts but then added insightful comments, questions and answers to “hammer home” some of the more important points [see (left-side of Newsletter to download some of the ER Workshop handouts] Some of the topics discussed included: Basics of a Part 58 Environmental Review for HUD-Assisted Projects; Site Planning and Feasibility; Historic Preservation and HUD; and Noise Assessment. HUD participated too via “Live Meeting” to talk about the HUD Environmental Review Online System (HEROS). HEROS is an online system for developing, documenting, and managing environmental reviews; and includes on-screen guidance.
FCDA President, Valmarie Turner welcomed persons to the Workshop and introduced special guests. Exec. Director Emory Counts talked briefly about FCDA Membership and the upcoming 2016 Annual Training Meeting to be held in Lake Mary FL July 27-29.
February/March 2016 Issue 2 1
2B3Daytona Beach, FL
2
This project began with the donation of land from Consolidated Tomoka Land Company (CTLD) in 1997 and a vision by the City and the company’s President to create a significant Affordable Housing opportunity. As luck would have it Fort McCauley Construction was doing other site work in the City and was convinced to donate the road and utilities infrastructure. Our three nonprofit partners were each allowed 7 lots in the development with Habitat getting an extra 2 by CTLD. The development was publicly advertised as open for buyers but there was very little movement since buyers could not get first mortgages. Banks had discontinued “construction perm” financing which hurt many of the smaller contractors working in CD programs. Construction perm is a financing tool that allows contractors to be draw funds on the house being built upon documenting the achievement of certain agreed upon milestones. For example, one third the cost for the contractor to buy materials and get started, then next third when 2/3 finished, an amount up to 90% of the total to facilitate the project, and the final amount when a CO was issued.
After the housing bubble burst hardly anyone could get bank financing even relatively well-to-do households. One of the clients didn’t have bad credit just not enough credit and was rejected five times by various banks. This is even more incredible when you consider that the cost of the house was $92,000.00, and even though the purchase was supported by $70,000 in City funding the banks would not finance $22,000. Finally, the contractor decided to float the $22,000 mortgage over a five-year period. This model continues today but is employed fewer times. It’s a great deal for clients since the interest rate is lower than conventional but the contractor doesn’t want to overextend.
Presently, the banking climate has improved, several clients have gotten first mortgages and Flomich Woods is one-house away from complete “build-out”.
Completing Flomich Woods, like so many other Affordable Housing Subdivisions across the state, was an up-hill battle to the finish. We are glad that the City of Daytona Beach never gave up on its vision and continued to fight for nearly 2 decades to win this very important battle to create significant Affordable Housing opportunities for a number of deserving households.
The City of Daytona
Beach
The mission of the
Community Development
Division is to provide a
suitable living environment;
decent, safe, sanitary,
affordable and workforce
housing; and economic
opportunities primarily for
low-income individuals and
in low-income
neighborhoods.
Flomich Woods Subdivision
3
The President just released his FY 2017 budget and,
as in past years, the proposed funding level for CDBG is
$2.8 billion, a cut of $200 million below the FY 2016 level
of $3.0 billion. As in past years, the President's budget
proposes legislative changes to the CDBG program that
include the reduction of the number of small entitlements,
targeting program funds to the areas of greatest need, and
focusing on regional collaboration. None of the proposals are
detailed in the budget document. NCDA is opposed to any
proposal that would strip funding from small communities
and reduce grantee allocations.
The President's budget provides $950 million for
HOME, level funding from last year. In good news, the
budget proposes a statutory change to the HOME program
that would eliminate the 24-month commitment requirement
and eliminate the 15 percent CHDO set-aside. These two
requirements have hamstrung the program and elimination of
both will make it much easier for PJs to administer HOME
funds. NCDA will support these changes on the Hill. In
disappointing news, the budget proposes a $500,000
minimum threshold in the HOME program. PJs that fall
below this minimum threshold three out of five years will be
ineligible for direct formula funds. NCDA opposes this
change.
The budget is DOA with Congressional Republicans.
The House Budget Committee announced that it will develop
its own budget and will not even hold hearings on the
President's budget this year. House Speaker Paul Ryan is
working on a national poverty plan that would target a
portion of non-defense spending to areas with the highest
poverty levels and is working to get the support of
Democratic lawmakers.
NCDA, and the CDBG Coalition, will meet
tomorrow to map out a strategy for increasing CDBG
funding in FY 2017 (likewise, we will do the same for
HOME working through the HOME Coalition). We will
need your participation in the strategy and will call upon you
in the next several weeks on several fronts. Please be ready
to reach out to your Congressional Members to engage them
on your local CDBG and HOME programs.
Thanks,
Vicki Watson,
Executive Director
National Community Development Association
National Community
Development Association
NCDA is a national nonprofit
organization comprised of more
than 300 local governments across
the country that administer
federally-supported community and
economic development, housing and
human service programs, including
programs of the U.S. Department of
Housing and Urban Development
(HUD), Community Development
Block Grant (CDBG), and the
HOME Investment Partnerships
(HOME) programs. Since 1968,
NCDA has been at the forefront in
securing effective and responsive
housing and community
development programs for local
governments. The Association
provides timely, direct information
and technical support to its members
on federal housing and community
development programs.
Letter from National Community Development
Association
FCDA
1515 Herbert, Suite 213
Port Orange, FL 32129
(386)322-3787
(386)322-3767
"Years of Building Strong
Florida Communities”
Find us on the Web:
www.fcda-online.org
Email: admin@fcda-online.org
County Spotlight: Seminole County
Seminole County is located in the East Central Region. More than 440,000 people call
Seminole County home. Seminole County has a business climate that fosters growth and
quality development. Industry sector growth in the county has taken several forms. Most
notable is the location of several corporate headquarters such as AAA, Axium Healthcare
Pharmacy, Mitsubishi Power Systems, Remington Administrative Services, Scholastic Book
Fairs, Sears Home Improvement Products, and The Newport Group. There has also been an
emergence of many high tech companies like Convergys, Faro, NCR, SAP, SunGard Public
Sector, Symantec and Team Cymru.
The county’s public school system has been rated the best in the state and among the
top 100 nationally; Seminole State College comes in at #19 among the top 100 community
colleges in the U.S. for associate degrees in liberal arts and sciences. The median household
income is the highest in the region and fourth highest in Florida. This community is not only
well prepared to do business with business, but is also renowned for beautiful neighborhoods
and abundant natural beauty. Two cities within the county have been ranked among
CNN/Money Magazine’s ‘Top 100 Best Places to Live’.
http://www.seminolecountyfl.gov/core/fileparse.php/3221/urlt/seminole-20county-20data-20sheet1.pdf
4
Click map for more Seminole County Information.
Environmental Assessment Determinations and Compliance Findings for HUD-assisted Projects
24 CFR Part 58
Project Information Project Name: Responsible Entity: Grant Recipient (if different than Responsible Entity): State/Local Identifier: Preparer: Certifying Officer Name and Title: Grant Recipient (if different than Responsible Entity): Consultant (if applicable): Direct Comments to:
Project Location: Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Statement of Purpose and Need for the Proposal [40 CFR 1508.9(b)]: Existing Conditions and Trends [24 CFR 58.40(a)]: Funding Information Grant Number HUD Program Funding Amount
Estimated Total HUD Funded Amount: Estimated Total Project Cost (HUD and non-HUD funds) [24 CFR 58.32(d)]:
Compliance with 24 CFR 50.4, 58.5, and 58.6 Laws and Authorities Record below the compliance or conformance determinations for each statute, executive order, or regulation. Provide credible, traceable, and supportive source documentation for each authority. Where applicable, complete the necessary reviews or consultations and obtain or note applicable permits of approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional documentation as appropriate. Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24
Are formal compliance
steps or
Compliance determinations
CFR §58.5 and §58.6 mitigation required?
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 and 58.6 Airport Hazards
24 CFR Part 51 Subpart D
Yes No
Coastal Barrier Resources
Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]
Yes No
Flood Insurance
Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]
Yes No
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.5 Clean Air
Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93
Yes No
Coastal Zone Management
Coastal Zone Management Act, sections 307(c) & (d)
Yes No
Contamination and Toxic Substances
24 CFR Part 50.3(i) & 58.5(i)(2)
Yes No
Endangered Species
Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402
Yes No
Explosive and Flammable Hazards
24 CFR Part 51 Subpart C
Yes No
Farmlands Protection
Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658
Yes No
Floodplain Management
Executive Order 11988, particularly section 2(a); 24 CFR Part 55
Yes No
Historic Preservation
National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800
Yes No
Noise Abatement and Control
Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B
Yes No
Sole Source Aquifers
Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149
Yes No
Wetlands Protection
Executive Order 11990, particularly sections 2 and 5
Yes No
Wild and Scenic Rivers
Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c)
Yes No
ENVIRONMENTAL JUSTICE Environmental Justice
Executive Order 12898
Yes No
Environmental Assessment Factors [24 CFR 58.40; Ref. 40 CFR 1508.8 &1508.27] Recorded below is the qualitative and quantitative significance of the effects of the proposal on the character, features and resources of the project area. Each factor has been evaluated and documented, as appropriate and in proportion to its relevance to the proposed action. Verifiable source documentation has been provided and described in support of each determination, as appropriate. Credible, traceable and
supportive source documentation for each authority has been provided. Where applicable, the necessary reviews or consultations have been completed and applicable permits of approvals have been obtained or noted. Citations, dates/names/titles of contacts, and page references are clear. Additional documentation is attached, as appropriate. All conditions, attenuation or mitigation measures have been clearly identified. Impact Codes: Use an impact code from the following list to make the determination of impact for each factor. (1) Minor beneficial impact (2) No impact anticipated (3) Minor Adverse Impact – May require mitigation (4) Significant or potentially significant impact requiring avoidance or modification which may require an Environmental Impact Statement
Environmental Assessment Factor
Impact Code
Impact Evaluation
LAND DEVELOPMENT Conformance with Plans / Compatible Land Use and Zoning / Scale and Urban Design
Soil Suitability/ Slope/ Erosion/ Drainage/ Storm Water Runoff
Hazards and Nuisances including Site Safety and Noise
Energy Consumption
Environmental
Assessment Factor Impact Code
Impact Evaluation
SOCIOECONOMIC Employment and Income Patterns
Demographic Character Changes, Displacement
Environmental
Assessment Factor Impact Code
Impact Evaluation
COMMUNITY FACILITIES AND SERVICES Educational and
Cultural Facilities Commercial Facilities
Health Care and Social Services
Solid Waste Disposal / Recycling
Waste Water / Sanitary Sewers
Water Supply
Public Safety - Police, Fire and Emergency Medical
Parks, Open Space and Recreation
Transportation and Accessibility
Environmental Assessment Factor
Impact Code
Impact Evaluation
NATURAL FEATURES Unique Natural Features, Water Resources
Vegetation, Wildlife
Other Factors
Additional Studies Performed: Field Inspection (Date and completed by):
List of Sources, Agencies and Persons Consulted [40 CFR 1508.9(b)]: List of Permits Obtained: Public Outreach [24 CFR 50.23 & 58.43]: Cumulative Impact Analysis [24 CFR 58.32]: Alternatives [24 CFR 58.40(e); 40 CFR 1508.9] No Action Alternative [24 CFR 58.40(e)]:
Summary of Findings and Conclusions: Mitigation Measures and Conditions [40 CFR 1505.2(c)] Summarize below all mitigation measures adopted by the Responsible Entity to reduce, avoid, or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements, and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan.
Law, Authority, or Factor
Mitigation Measure
Determination:
Finding of No Significant Impact [24 CFR 58.40(g)(1); 40 CFR 1508.27] The project will not result in a significant impact on the quality of the human environment.
Finding of Significant Impact [24 CFR 58.40(g)(2); 40 CFR 1508.27]
The project may significantly affect the quality of the human environment. Preparer Signature: __________________________________________Date:________ Name/Title/Organization: __________________________________________________ ________________________________________________________________________ Certifying Officer Signature: ___________________________________Date:________ Name/Title: ______________________________________________________________ This original, signed document and related supporting material must be retained on file by the Responsible Entity in an Environmental Review Record (ERR) for the activity/project (ref: 24 CFR Part 58.38) and in accordance with recordkeeping requirements for the HUD program(s).
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR Part 58.34(a) and 58.35(b)
Project Information Project Name: Responsible Entity: Grant Recipient (if different than Responsible Entity): State/Local Identifier: Preparer: Certifying Officer Name and Title: Consultant (if applicable): Project Location: Description of the Proposed Project [24 CFR 58.32; 40 CFR 1508.25]: Level of Environmental Review Determination:
Activity/Project is Exempt per 24 CFR 58.34(a): ________________________________
Activity/Project is Categorically Excluded Not Subject To §58.5 per 24 CFR 58.35(b): ____________________ Funding Information Grant Number HUD Program Funding Amount
Estimated Total HUD Funded Amount: This project anticipates the use of funds or assistance from another Federal agency in addition to HUD in the form of (if applicable): Estimated Total Project Cost (HUD and non-HUD funds) [24 CFR 58.32(d)]:
Compliance with 24 CFR §50.4 and §58.6 Laws and Authorities Record below the compliance or conformance determinations for each statute, executive order, or regulation. Provide credible, traceable, and supportive source documentation for each authority. Where applicable, complete the necessary reviews or consultations and obtain or note applicable permits of approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional documentation as appropriate. Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR 50.4 and 58.6
Are formal compliance
steps or mitigation required?
Compliance determinations
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §58.6 Airport Runway Clear Zones and Accident Potential Zones
24 CFR Part 51 Subpart D
Yes No
Coastal Barrier Resources
Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]
Yes No
Flood Insurance
Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]
Yes No
Mitigation Measures and Conditions [40 CFR 1505.2(c)] Summarize below all mitigation measures adopted by the Responsible Entity to reduce, avoid, or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with
the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements, and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law, Authority, or Factor
Mitigation Measure
Preparer Signature: __________________________________________Date:________ Name/Title/Organization: __________________________________________________ Responsible Entity Agency Official Signature: __________________________________________________________Date:________ Name/Title: _____________________________________________________________ This original, signed document and related supporting material must be retained on file by the Responsible Entity in an Environmental Review Record (ERR) for the activity/project (ref: 24 CFR Part 58.38) and in accordance with recordkeeping requirements for the HUD program(s).
Environmental Procedures Manual Page 1 of 2 FONSI NOI/RROF – Attachment T January, 2006
SAMPLE COMBINED NOTICE OF FINDING OF NO SIGNIFICANT
IMPACT AND INTENT TO REQUEST RELEASE OF FUNDS (Date of Notice) (Name of Responsible Entity [RE]) (Address) (City, State, Zip Code) (Telephone Number of RE Preparer Agency) This Notice shall satisfy the above-cited two separate but related procedural notification requirements.
REQUEST FOR RELEASE OF FUNDS On or about (at least one day after the end of the comment period) the (name of RE) will [if the RE is not also the grantee insert the following language here--"authorize the (name of grantee) to"] submit a request to the (HUD/state administering agency) for the release of (name of grant program) funds under [Title/Section ( )] of the (name of the Act) of (date of Act), as amended, to undertake a project known as (project title), for the purpose of (nature/scope of project, and project address/location if applicable).
FINDING OF NO SIGNIFICANT IMPACT The (name of RE) has determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at (name and address of RE office where err can be examined and name and address of other locations where the record is available for review) and may be examined or copied weekdays ( ) A.M. to ( ) P.M.
PUBLIC COMMENTS Any individual, group, or agency disagreeing with this determination or wishing to comment on the project may submit written comments to the (RE designated office responsible for receiving and responding to comments). All comments received by (if notice published: notice date plus fifteen days--if notice posted: posting date plus eighteen days) will be considered by the (name of RE) prior to authorizing submission of a request for release of funds. Commentors should specify which part of this Notice they are addressing.
Environmental Procedures Manual Page 1 of 2 FONSI NOI/RROF – Attachment T January, 2006
RELEASE OF FUNDS The (name of RE) certifies to (HUD/state) that (name of certifying officer) in (his/her) capacity as (official title) consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. (HUD's/state's) approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the (name of grantee) to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
(HUD/state) will consider objections to its release of funds and the (RE's name) certification received by (anticipated date of HUD/state receipt of rrof/c plus fifteen days) or a period of fifteen days from its receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer or other officer of the (name of RE) approved by (HUD/state); (b) the (RE) has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient or other participants in the project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by (HUD/state); or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to (HUD/state grant administration office) at (address of that office). Potential objectors should contact (HUD/state) to verify the actual last day of the objection period. (name and title of RE certifying officer)
Environmental Procedures Manual Page 1 of 2 FONSI NOI/RROF – Attachment T January, 2006
Environmental Form 9
Revised – July 2011
Sample Notice of Finding of No Significant Impact (printed on grantee letterhead)
(Date of Notice) (Name of Responsibly Party) (Address) (City, State, Zip Code) (Telephone Number) TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS: The (Applicant) is giv ing notice that it has made a Finding of No Significant Impact for the following project: Project Title or Name: (Name of Project) Purpose or Nature of Project: (Description of the Project) Location of Project: (Street Address or Name of Neighborhood/District, City State) Estimated Cost of Project: ($xxx,xxx.xx) Funding Source: (List Federal Agency and Other Funding Sources) Project Summary: (List activities, unless included above under the purpose of the project.) An environmental assessment for th is project has been made by the ( Applicant) and is available for public examination and c opying on weekdays between ( xx:xx)AM and (xx:xx)PM at ( Name and Address of Applicant office where the environmental review record can be examined and the Name and Address of other locations where the assessment is available for review). Bas ed on this assessment the ( Applicant) has determined that the project will not signif icantly affect the quality of the human environment and, hence, an en vironmental impact st atement will not be undertaken under the National Environmental Policy Act of 1969 (P.L. 91-910). All interested agencies, groups and persons disagreeing with this decision are invited to submit written comments fo r consideration t o the ( Applicant, Name and Address of the designated office responsible for receiving and responding to comments). Such written comments should be received at the address specified on or bef ore (Day of published notice PLUS 15 days). All such comments receiv ed will be considered, and the (Applicant) will not take any administrative action on the project prior to the expiration of the comment period.
Environmental Form 9
Revised – July 2011
Objections to Conditions Release
The State will accept an objection to its approval only if it is on one of the following basis: (a) that the certificati on was not in fact executed by t he certifying officer or other officer of applicant approved by the State; or (b) that the applicant’s environmental review rec ord for the project indic ated omission of a required review process. Objections must be prepared and submitted in accordance with the required procedure (24 CFR Part 58) and may be addressed to the State of Indiana, Indiana Office of Community and Rural Affairs, Environmental Officer, One North Capitol, Suite 600, Indianapolis, IN 46204-2288. Objections to the release on bas is other than those stated above will not be considered by the State. No objections received after ( Day after local comment period plus 15 days) will be considered by the State. Name of the Applicant’s CEO Title of Certifying Officer Name of Applicant
Environmental Procedures Manual Page 1 of 2 Sample NOI/RROF - Attachment M January, 2006
SAMPLE NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
(Date of Notice) (Name of Responsible Entity [RE]) (Address) (City, State, Zip Code) (Telephone Number of RE Preparer Agency)
On or about (at least one day after the end of the comment period) the (name of RE) will [if the re is not also the grantee insert the following language here--"authorize the (name of grantee) to"] submit a request to the (HUD/state administering agency) for the release of (name of grant program) funds under [title/section ( )] of the (name of the Act) of (date of Act), as amended, to undertake a project known as (project title), for the purpose of (nature/scope of project, and project address/location if applicable).
The activities proposed [Alternative #1: are categorically excluded under HUD
regulations at 24 CFR Part 58 from National Environmental Policy Act requirements--Alternative #2: comprise a project for which a finding of no significant impact on the environment was (published/posted) on (date of finding publication or posting)]. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at (name and address of RE office where ERR can be examined and name and address of other locations where the record is available for review) and may be examined or copied weekdays ( ) A.M. to ( ) P.M.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to the (RE designated office responsible for receiving and responding to comments). All comments received by (if notice is published: notice date plus seven days--if notice is posted: posting date plus ten days) will be considered by the (name of RE) prior to authorizing submission of a request for release of funds.
RELEASE OF FUNDS
The (name of RE) certifies to (HUD/state) that (name of certifying officer) in (his/her) capacity as (official title) consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. (HUD's/state's) approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the (name of grantee) to use Program funds.
Environmental Procedures Manual Page 1 of 2 Sample NOI/RROF - Attachment M January, 2006
OBJECTIONS TO RELEASE OF FUNDS (HUD/state) will consider objections to its release of funds and the (RE's name)
certification received by (anticipated date of HUD/state receipt of RROF/c plus fifteen days) or for a period of fifteen days following its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the (name of RE); (b) the (RE) has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient or other participants in the project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by (HUD/state); or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to (HUD/state grant administration office) at (address of that office). Potential objectors should contact (HUD/state) to verify the actual last day of the objection period.
(name and title of re certifying officer)
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.govespanol.hud.gov
Environmental Review for Activity/Project that is Categorically
Excluded Subject to Section 58.5 Pursuant to 24 CFR 58.35(a)
Project Information Project Name: Responsible Entity: Grant Recipient (if different than Responsible Entity): State/Local Identifier: Preparer: Certifying Officer Name and Title: Grant Recipient (if different than Responsible Entity): Consultant (if applicable): Direct Comments to: Project Location: Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Level of Environmental Review Determination: Categorically Excluded per 24 CFR 58.35(a), and subject to laws and authorities at §58.5:______________________________________________________________
Funding Information Grant Number HUD Program Funding Amount
Estimated Total HUD Funded Amount: Estimated Total Project Cost (HUD and non-HUD funds) [24 CFR 58.32(d)]:
Compliance with 24 CFR 50.4, 58.5, and 58.6 Laws and Authorities Record below the compliance or conformance determinations for each statute, executive order, or regulation. Provide credible, traceable, and supportive source documentation for each authority. Where applicable, complete the necessary reviews or consultations and obtain or note applicable permits of approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional documentation as appropriate. Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §58.5 and §58.6
Are formal compliance
steps or mitigation required?
Compliance determinations
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.6 Airport Hazards
24 CFR Part 51 Subpart D
Yes No
Coastal Barrier Resources
Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]
Yes No
Flood Insurance
Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]
Yes No
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.5 Clean Air
Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93
Yes No
Coastal Zone Management
Coastal Zone Management Act, sections 307(c) & (d)
Yes No
Contamination and Toxic Substances
24 CFR Part 50.3(i) & 58.5(i)(2)
Yes No
Endangered Species
Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402
Yes No
Explosive and Flammable Hazards
24 CFR Part 51 Subpart C
Yes No
Farmlands Protection
Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658
Yes No
Floodplain Management
Executive Order 11988, particularly section 2(a); 24 CFR Part 55
Yes No
Historic Preservation
National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800
Yes No
Noise Abatement and Control
Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B
Yes No
Sole Source Aquifers Yes No
Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149
Wetlands Protection
Executive Order 11990, particularly sections 2 and 5
Yes No
Wild and Scenic Rivers
Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c)
Yes No
ENVIRONMENTAL JUSTICE Environmental Justice
Executive Order 12898
Yes No
Field Inspection (Date and completed by): Summary of Findings and Conclusions: Mitigation Measures and Conditions [40 CFR 1505.2(c)] Summarize below all mitigation measures adopted by the Responsible Entity to reduce, avoid, or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements, and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law, Authority, or Factor
Mitigation Measure
Determination:
This categorically excluded activity/project converts to EXEMPT per Section 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities,
nor requires any formal permit or license; Funds may be committed and drawn down after certification of this part for this (now) EXEMPT project; OR
This categorically excluded activity/project cannot convert to Exempt status because one or more statutes or authorities listed at Section 58.5 requires formal consultation or mitigation. Complete consultation/mitigation protocol requirements, publish NOI/RROF and obtain “Authority to Use Grant Funds” (HUD 7015.16) per Section 58.70 and 58.71 before committing or drawing down any funds; OR
This project is not categorically excluded OR, if originally categorically excluded, is now subject to a full Environmental Assessment according to Part 58 Subpart E due to extraordinary circumstances (Section 58.35(c)).
Preparer Signature: __________________________________________Date:_________ Name/Title/Organization: __________________________________________________ ________________________________________________________________________ Responsible Entity Agency Official Signature: ____________________________________________________________Date:________ Name/Title: ______________________________________________________________ This original, signed document and related supporting material must be retained on file by the Responsible Entity in an Environmental Review Record (ERR) for the activity/project (ref: 24 CFR Part 58.38) and in accordance with recordkeeping requirements for the HUD program(s).
State of Connecticut Department of Housing
Community Development Block Grant – Disaster Recovery Program “Hurricane Sandy”
StatutoryChecklistforCompliancewith24CFR§58.5–NEPARelatedFederalLawsandAuthorities
(Must be completed for each individual addressed included under overall project description)
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: Property of Susan Ranalli – 30 Minor Road, East Haven __________________________ _ ERR FILE # ______Application Number 5040 ____________ ________________________ Definitions: A: The project is in compliance. B: The project requires an additional compliance step or action.
Statute, Authority, Executive Order Cited at 24 CFR §58.5
A B COMPLIANCE FINDING SOURCE DOCUMENTATION
1. 58.5(a) Historic Properties [36 CFR 800] A
The proposes activities will have no effect on the State’s cultural resources
Determination letter from SHPO, dated July 18, 2014
2. 58.5(b)(1) Floodplain Management [24 CFR 55, Executive Order 11988]
B
DOH has conducted 8-step analysis. Site in AE flood plain. Project will consist of demolition of existing building and construction of timber piles and a new building that is 2-feet above BFE. Construction activities to be included in construction scope of work.
NFIP FIRM Map 09009C0557J A copy of the map with project location depicted is attached.
3. 58.5(b)(2) Wetland Protection [24 CFR 55, Executive Order 11990]
B
DOH has conducted 8-step analysis. A portion of the property parcel is located within a state wetland. Project will consist of demolition of existing building and construction of timber piles and a new building that is 2-feet above BFE. Construction activities to be included in construction scope of work. Obtaining local wetland approvals, if necessary, will be included within construction Scope of Work.
A portion of the property parcel is located within a state wetland. USGS Wetland map, EDR NEPACheck report and EDR Radius Map
4. 58.5(c) Coastal Zone Management [Coastal Zone Management Act sections 307(c) & (d)]
B
Project is located within Coastal Management Zone. Coastal Area Management review will be required. Review to be conducted as part of construction scope of work. No construction will be conducted until local approval is obtained.
Town of East Haven Coastal Area Management Program. http://cteco.uconn.edu/map_catalog/maps/town/Coastal_Boundary/cstlbnd_EAST_HAVEN.pdf A copy of the map depicting the location of the property is attached.
5. 58.5(d) Sole Source Aquifers [40 CFR 149]
A
The property is not located within a sole source aquifer area. Site utilizes municipal sewer and water.
EPA Region 1 http://www.epa.gov/region1/eco/drinkwater/pc_solesource_aquifer.html A copy of the GNHWPCA service area map with project location depicted is attached
6. 58.5(e) Endangered Species [50 CFR 402]
A
The project location is not located within a Natural Diversity area. The project location does not contain waterfront property with a Sandy beach.
http://www.depdata.ct.gov/naturalresources/endangeredspecies/nddbpdfs.asp?nddbsel=44 A copy of the map with project location depicted is attached.
7. 58.5(f) Wild and Scenic Rivers [36 CFR 297]
A
Project location is not within one mile of Eight Mile River (only designated wild and scenic river within program area)
Mapping obtained from http://www.rivers.gov/maps/conus.php
8. 58.5(g) Air Quality [40 CFR parts 6, 51,61, 93]
A
Project on existing developed site and should not substantially affect the CT SIP due to the implementation of standard BMPs. Project consists of residential construction with no anticipated quantifiable increase in air pollution.
http://www.epa.gov/region1/topics/air/sips/sips_ct.html
9. 58.5(h) Farmland Protection [7 CFR 658] A
Property does not include prime or unique farmland.
http://websoilsurvey.sc.egov.usda.gov
10. 58.5(i)(1) Noise Control and Abatement [24 CFR 51B] A
Project is not located within the 65 decibel zone of Tweed Airport.
Tweed New Haven Airport Master Plan
11. 58.5 (i) (1) Explosive and Flammable Operations [24 CFR 51C]
A
Mitigation will not result in an increase to residential density of the property.
Rehabilitation work that does not alter the number dwelling units or a change of land use is not subject to Acceptable Separation Distance (ASD) requirements for HUD
12. 58.5(i)(1) Airport Hazards (Runway Clear Zones and Clear Zones/Accident Potential Zones) [24 CFR 51D]
A
Mitigation will not result in an increase to residential density of the property nor is the property located within an airport clear zone.
Tweed-New Haven Airport Runway Protection Zone maps are attached
13. 58.5(i)(2)(i-iv) Contamination and Toxic Substances [24 CFR 58.5(i)(2)] A
No hazard which could affect the health and safety of occupants or conflict with the intended utilization of the property was identified
Opinion of preparer who is a qualified environmental professional
14. 58.5(j) Environmental Justice [Executive Order 12898]
A
The project is not located in predominantly minority and low income census block area according to EJ Mapping. The project will not create high and adverse human health and environmental effects.
http://www.ct.gov/deep/lib/deep/environmental_justice/maps/east_haven.pdf
A copy of the map depicting the site location is attached
15 A. Flood Insurance [58.6(a) & (b)]
B
Per federal regulations and OORR program guidelines the homeowner will need to provide proof of flood insurance policy prior to construction. Homeowners are required to maintain flood insurance for not less than 5 years from the date of assistance.
Community Development Block Grant – Disaster Recovery (CDBG-DR) Owner Occupied Rehabilitation and Rebuilding Program guideline requirements
15 B. Coastal Barriers [58.6(c)]
A
Town of East Haven does not contain any coastal barrier resources
Connecticut Map of Coastal Barrier Resources System. A copy of the map depicting the site location is attached.
16. A Solid Waste Disposal [42 U.S.C. S3251 et seq.] and [42 U.S.C. 6901-6987 eq seq.]
A
Activities are limited to existing building footprint. Town of East Haven provides weekly curbside pickup of refuse for all 1 to 3 family homes
http://www.townofeasthavenct.org/public_refuse.shtml
16 B. Fish and Wildlife [U.S.C. 661-666c]
A
Project will not involve the impounding, diverting, channelizing or modification of any steam or body of water
Mitigation information obtained from Initial property Inspection report
16 C. Lead-Based Paint [24 CFR Part 35] and [40 CFR 745.80 Subpart E] B
Lead based paint (LBP) was identified at the property. See Limited Hazardous Materials Inspection Report for results and discussion.
Limited Hazardous Materials Inspection Report. A copy of the report is attached.
16 D. Asbestos
B
Asbestos containing material was identified at the property. See Limited Hazardous Materials Inspection Report for results and discussion.
Limited Hazardous Materials Inspection Report. A copy of the report is attached.
16 E. Radon [50.3 (i) 1]
A
Radon was not identified within living spaces at concentrations exceeding EPA recommended guidelines.
Limited Hazardous Materials Inspection Report. A copy of the report is attached.
16 F. Mold
A
No suspected mold growth was visually identified on accessible/visible building materials observed within the residence at the time and date of the inspection.
Limited Hazardous Materials Inspection Report. A copy of the report is attached.
Other: State or Local 17 A. Flood Management Certification [CGS 25-68]
B
Property within an AE Flood Zone. Certification though the General Permit for CDBG-DR activities with CTDEEP is required
FEMA Map 09009C0557J See Appendix C for Certification form and attached application documentation
17 B. Structures, Dredging & Fill Act [CGS 22a-359 through 22a-363f]
A Project is not located waterward of coastal jurisdiction line
Office of Long Island Sound Programs Coastal Jurisdiction Line Elevations
17 C. Tidal Wetlands Act [CGS 22a-28 through 22a-35]
B
Project is located within a 1970 mapped tidal wetland. Obtaining local wetland approvals, if necessary, will be included within construction Scope of Work.
USGS Wetland map, CT DEEP Tidal Wetlands Mapping, EDR NEPACheck report and EDR Radius Map
17 D. Local inland wetlands/watercourses [CGS 22a-42]
B
A portion of the property parcel is located within a town wetland. Obtaining local wetland approvals, if necessary, will be included within construction Scope of Work.
Town of East Haven inland wetlands areas do not differ from DEEP identified wetlands
17 E. Various Municipal Zoning Approvals
B
Obtaining any local zoning approvals to conduct mitigation efforts will be included within the construction scope of work
Zoning Regulations of the town of east haven
Recommended