2009 CDBG/CHIP Recipients’ Workshop Welcome to the COMPLIANCE SESSION ENVIRONMENTAL REQUIREMENTS...

2009 CDBG/CHIP Recipients’ Workshop

Welcome to the COMPLIANCE SESSION

ENVIRONMENTAL REQUIREMENTSAfternoon session will cover new CHIP

FEDERAL LABOR STANDARDSSECTION 3 (Compliance and Reporting)PROPERTY ACQUISITIONHUD CONFLICT OF INTEREST PROHIBITION

2009 CDBG/CHIP Recipients’ Workshop Environmental Procedures

Environmental Requirements

for CDBG and CHIP Compliance


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 & Reg’s

• Most Important: Gotta do it to get your $$$!

Note: NEPA = National Environmental Policy Act


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?

OUTLINE OFENVIRONMENTAL REVIEWPROCESS

If activity is exempt:1. Document exemption in ERR2. Submit to DCA finding of exemption3. Receive notice of clearance of general environmental condition

If project is categorically excluded:1. Document compliance with related environmental laws using statutory checklist2. If no laws or regulations apply, project can be found exempt (see Step 1). Otherwise continue with 33. Publish and disseminate NOI/RROF4. Wait 7 days for comments5. Submit RROF/Certifications to DCA6. DCA must wait 15 days7. Receive Notice of Clearance General Environmental Condition

If E.A. indicates project will haveno significant impact:1. Document compliance with other environmental2. Publish and disseminate a Concurrent Notice; wait 15 days3. Submit RROF/Certifications to DCA4. DCA must wait 15 days5. Receive notice of clearance of general environmental condition

Note on counting days: all time periods are counted in calendar days. The firstday of a time period begins at 12:01 a.m. On the day following the publicationdate of the notice which initiates the time period. Example: a Concurrent Noticeis published on March 1. The 15 day local comment period extends throughMarch 16. The RROF/Certifications can be submitted on March 17. The DCA 15day period begins on the date the RROF/Certifications is received or the date forobjections to DCA specified in the Notice, whichever is later.

STEP #1Determine if activity is exempt

STEP #2If project is not exempt,determine if categorically excluded

STEP #3If project neither exemptnor categorically excluded:prepare an environmentalassessement (EA)

STEP #4If EA indicates project maysignificantly affect environment,contact DCA immediately

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


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?


CATEGORICALLY EXCLUDED ACTIVITIES

What’s the difference between “Exempt” & “Categorically Excluded” (C.E.) activities?

C.E. means “excluded” from NEPA, but not from other env. laws & reg’s like…▪ Section 106 (historic preservation)

▪ Wetlands

▪ Floodplains

Think of C.E. activities as almost exempt from ER


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 < 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?

SAMPLE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

FINDING OF EXEMPTION(From Environmental Review Requirements)

It is the finding of __________________________________ that the following listed activitiesare exempt from National Environmental Policies Act (NEPA) requirements and otherenvironmental reviews in accordance with HUD environmental regulations (24 CFR Part 58) andprocedures as specified in the Department of Community Affairs (DCA) CDBG RecipientsManual:

Activity Number: Description of Activity:

These activities are exempt for the following reason(s):

(Check here if the following is applicable) For those activities which are categorically excluded fromenvironmental review requirements, a Statutory Checklist has been completed and is attached whichdocuments that there are no circumstances requiring compliance actions regarding any of the listed(24 CFR Part 58) environmental laws, regulations or policies. These categorically excluded activitiesare therefore also exempt from environmental review requirements.

Signature of person completing form Date

Signature of Certifying Officer Date

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.


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.


The Environmental Assessment

• Project have activities not Exempt or C.E.? (like most CDBG projects?)

• You must complete Env. Assessment!!!


The Environmental Assessment…

• Identifies & evaluates project impacts—positive & adverse, long-term & short-term

• Includes mitigation measures when negative effects identified

• Lists alternatives

• Gives citizens confidence that you’re environmentally responsible


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


Environmental Assessment (cont.)

The Env. Checklist – Format II covers 7 areas:

1. Land Development

2. Noise

3. Air Quality

4. Env Design & Historic Value

5. Socioeconomic

6. Community Facilities & Services

7. Natural Features



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

ENVIRONMENTAL ASSESSMENT CHECKLIST(continued, page 6)

ENVIRONMENTAL REVIEW FINDING

On the basis of the environmental assessment of the above project I have made the followingfinding.

X A FINDING OF NO SIGNIFICANT IMPACT

I find that this project is not a major federal action which will have a significant effect on the humanenvironment and that a request to HUD for the release of projects funds will not require anEnvironmental Impact Statement.

(date) signature, title and address of certifying officer

A FINDING OF SIGNIFICANT IMPACT

I find that this project is a major federal action which will have a significant effect on the humanenvironment and that a request to HUD for release of project funds will require an EnvironmentalImpact Statement.

(date)

signature, title and address of certifying officer

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



Next Steps:

1. Publish “Concurrent Notice” in legal or non-legal section of newspaper

▪ It’s “Concurrent” bc it notifies public of 2 things: I. Finding of No Significant EffectII. Intent to Request Release of Funds (RROF)

2. Keep full tearsheet (will be checked by DCA Field Staff)

3. Give public 15 days for comment then submit RROF to DCA

4. DCA will give 15 more days for public comment

5. DCA will send Release of Funds letter to you

CONCURRENT NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THEENVIRONMENT AND NOTICE OF REQUEST FOR RELEASE OF FUNDS

Date of Publication: _______________________________________(Name of CDBG Recipient)_____________________(Street, City, Zip Code)_____________________(Telephone #)

TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS

On or about (16 days from date of publication) the above named (City) (County) will request theGeorgia Department of Community Affairs (DCA) to release Federal funds under Title I of theHousing and Community Development Act of 1974, as amended, for the following project:

__________________________________________________________________________(Project Title or Name)

__________________________________________________________________________(Project Activities)

__________________________________________________________________________(Purpose or Nature of the Project)

__________________________________________________________________________(Specific Location of the Project)

FINDING OF NO SIGNIFICANT IMPACT (FONSI)

It has been determined that such request for release of funds will not constitute an actionsignificantly affecting the quality or the human environment and, accordingly, the above named(City) (County) has decided not to prepare an Environmental Impact Statement under theNational Environmental Policy Act of 1969 (PL 91-190).

The reasons for such decision not to prepare such Statement are as follows:

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________(Set forth reasons for decision)

An Environmental Review Record respecting the proposed project has been made by the abovenamed (City) (County) which documents the environmental review of the project and more fullysets forth the reasons why such Statement is not required. This Environmental Record is onfile at (location) and is available for public examination and copying upon request at (Room orother specific location) between the hours of _______ and _______.

No further environmental review of such project is proposed to be conducted prior to the requestfor release of Federal funds.

PUBLIC COMMENTS ON FONSI

All interested agencies, groups and persons disagreeing with this decision are invited to submitwritten comments for consideration by the (City) (County) to the (office of the undersigned)(other specific place). Such written comments should be received at (specific address) on orbefore (15 days from date of publication). All such comments so received will be consideredand the (City) (County) will not request the release of Federal funds or take any administrativeaction on the proposed project prior to the date specified in the preceding sentence.

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS (NOI/RROF)

At least one day after the termination of the public comment period for the FONSI but not beforecomments on the FONSI have been considered and resolved, (name of CDBG Recipient) willsubmit a Request for Release of Funds (RROF) and Certification to DCA. By so doing the (City)(County) will ask DCA to allow it to commit funds to this project certifying that (1) it hasperformed the environmental review prescribed by HUD regulations ("Environmental ReviewProcedures for Title I Community Development Block Grant Program" - 24 CFR Part 58), and 2)the Certifying Officer, (name), consents to accept the jurisdiction of the federal courts if anaction is brought to enforce responsibilities in relation to the environmental review or resultingdecision-making and action. The legal effect of the certification is that by approving it, DCA willhave satisfied its responsibilities under the National Environment Act thus allowing (name ofCDBG Recipient) to commit Community Development Block Grant funds to this project.

OBJECTION TO RELEASE OF FUNDS

DCA will accept objection to this approval of the release of funds and the certification only if it ison one of the following bases: a) that the certification was not in fact executed by the CertifyingOfficer; or b) that applicant's Environmental Review Record for the project indicated omission ofa required decision, finding, or step applicable to the project in the environmental reviewprocess. Objections must be prepared and submitted in accordance with the requiredprocedure (24 CFR Part 58) and may be addressed to DCA at CDBG Section, 60 ExecutivePark South, Atlanta, Georgia 30329-2231.

Objections to the release of funds on bases other than those stated above will not beconsidered by the State. No objection received after (30 days plus mailing time from the date ofpublication) will be considered by DCA.

_____________________________________Name of Local Government_____________________________________Name of Certifying Officer_____________________________________Address

_____________________________________ City/ Zip

September 19, 2002

The Honorable Jack PaulkTurner County Commission ChairmanPost Office Box 191Ashburn, Georgia 31714-0191

Re: CDBG 01p-y-142-1-2549Environmental Review Compliance

Dear Chairman Paulk:

This is to acknowledge receipt of your Request for Release of Funds and Certificationsconcerning your environmental review responsibilities under 24 CFR Part 58 and the NationalEnvironmental Policies Act for the Community Development Block Grant (CDBG) projectidentified above. The environmental review general condition placed on this grant is now clearedand funds are released as of September 5, 2002 for the following activities:

Activity P-03k-01 Street Improvements Activity P-03k-02 Flood and Drainage Improvements

If I can be of any additional assistance, please call me at (404) 679-3174 or I can bereached by email at [email protected].

Sincerely yours,

Richard L. Huber, Jr.Compliance ManagerOffice of Grant Administration

RH/C Mr. Robert Compton, South Georgia RDC

Mr. Ray Pridgeon, DCA


Summary of Env. Review Steps1. Set-up Environmental Review Record (ERR)

2. Complete Finding of Exemption for all Exempt and/or Categorically Excluded activities (see slide #9)

3. Complete Statutory Checklist

4. Document Compliance with “other” applicable environmental laws & reg’s (not NEPA), such as

▪ Floodplains

▪ Wetlands

▪ Historic Preservation (Section 106)

5. Complete Environmental Assessment checklist to determine Finding of No Significant Impact (FONSI)

6. Publish “Concurrent Notice”, wait 15 days

7. Send RROF/Certification to DCA, wait another 15 days.


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

Sample Notice of Explanation

(For Floodplain and/or Wetland Compliance) Publication Date: _____________ Notice is hereby given of a determination that there is no practicable alternative to locating in or impacting a (floodplain and/or wetland) by the following proposed project: (Name, location and brief description, including funding sources.)

1. Explain why the proposed project must be located in or impact a floodplain and/or wetland.

2. Provide a description of all significant facts considered in making the determination including alternatives considered (including alternative locations).

3. Provide a statement indicating whether the actions conform to applicable state or local floodplain and/or wetland protection measures.

4. Provide a statement as to the applicability of the National Flood Insurance Program.

5. Provide a description of how the activity will be designed or modified to minimize harm to or within the floodplain and/or wetland.

6. Provide a statement indicating how the action affects natural or beneficial floodplain and/or wetland values.

7. Provide a listing of other involved agencies, including any applicable regulatory or permitting agencies.

Comments respecting the proposed project may be submitted to (Name and address of applicant) no later than (minimum of 7 days from publication date.) ___________________________________ Name and Address of Applicant ___________________________________ Name and Address of Chief Executive Officer


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)


Programmatic Agreement

• Applicable to all CDBG and CHIP Housing activities

• Available on DCA Web site


• 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

Important Points to Remember


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 ContactRick Huber, Compliance Manager

Phone: (404) 679-3174E-mail: [email protected]

2009 CDBG/CHIP Recipients’ Workshop Welcome to the COMPLIANCE SESSION ENVIRONMENTAL REQUIREMENTS...

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