Environmental Environmental TroubleshootingTroubleshooting

State Community Development Block State Community Development Block GrantGrant

Rhode IslandRhode Island

December 2012December 2012

CDBG WORKSHOPCDBG WORKSHOP

Introductions & UpdatesIntroductions & Updates Review of Top ER Issues:Review of Top ER Issues:

– Choice Limiting ActionChoice Limiting Action– Regulation CitationsRegulation Citations– Statutory ChecklistStatutory Checklist– Public NoticePublic Notice

Question/AnswerQuestion/Answer ClosingClosing

Staff ContactsStaff Contacts

General - June House – 222-2079General - June House – 222-2079

Monitoring - Charles Kimes – 222-6489Monitoring - Charles Kimes – 222-6489

Disaster Recovery -Laura Sullivan – 222- Disaster Recovery -Laura Sullivan – 222- 68446844

Reporting - Caitlin Frumerie – 222-5778Reporting - Caitlin Frumerie – 222-5778

Fiscal - June House – 222-2079Fiscal - June House – 222-2079

Reminders & Reminders & AnnouncementsAnnouncements

ALL REPORTS & REQUISITIONS GO TO:ALL REPORTS & REQUISITIONS GO TO:

CDBG@doa.ri.govCDBG@doa.ri.gov

Quarterly Reports due JANUARY 15Quarterly Reports due JANUARY 15thth!!

Updated Closeout Form (See Updated Closeout Form (See handouts)handouts)

Disaster Recovery AnnouncementsDisaster Recovery Announcements

RemindersReminders

Upcoming Events:Upcoming Events:

– Application Workshop = 1/16/2013Application Workshop = 1/16/2013

– URI ARC/GIS Viewer Training = 1/24/13 URI ARC/GIS Viewer Training = 1/24/13 West Greenwich Library Community Room, West Greenwich Library Community Room, 12-212-2

– Additional Workshops Spring/Summer Additional Workshops Spring/Summer (please send input)(please send input)

Choice Limiting Choice Limiting ActionAction

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Choice Limiting ActionChoice Limiting Action According to the NEPA (40 CFR 1500-1508) According to the NEPA (40 CFR 1500-1508)

and Part 58, grantees are required to and Part 58, grantees are required to ensure that ensure that environmental informationenvironmental information is is available available beforebefore decisions are made and decisions are made and before actions are taken.before actions are taken.

See 58.22 Limitations on activities pending See 58.22 Limitations on activities pending clearanceclearance

Therefore, grantees are prohibited from Therefore, grantees are prohibited from undertaking undertaking any choice limiting actionsany choice limiting actions, , prior to a completed environmental review prior to a completed environmental review process and release of funds. process and release of funds.

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Choice Limiting ActionChoice Limiting Action What is a Choice Limiting Action?What is a Choice Limiting Action?

– Any non-planning action to a potential CDBG Any non-planning action to a potential CDBG project, prior to the environmental review project, prior to the environmental review completion/release of funds.completion/release of funds.

– Includes - Includes - Property acquisition, Property acquisition, Leasing, Leasing, Demolition, Demolition, Rehabilitation, Rehabilitation, Construction, and Construction, and Site improvements (including site clearance).Site improvements (including site clearance).

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Choice Limiting ActionChoice Limiting Action Can I still undertake these actions with Can I still undertake these actions with

non-HUD funds, prior to ER/Release of non-HUD funds, prior to ER/Release of Funds?Funds?

NO. Choice limiting actions include BOTH NO. Choice limiting actions include BOTH HUD and non-HUD funds:HUD and non-HUD funds:– Other Federal FundsOther Federal Funds– Local FundsLocal Funds– Private FundsPrivate Funds– DonationsDonations

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Choice Limiting ActionChoice Limiting Action

Do not take ANY action until the Do not take ANY action until the environmental review compliance is environmental review compliance is achieved. (Signed ROF from OHCD)achieved. (Signed ROF from OHCD)

Option agreements are allowable:Option agreements are allowable:– Purchase of Sale Contract Contingent on Purchase of Sale Contract Contingent on

CDBG ER/Release of FundsCDBG ER/Release of Funds

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Choice Limiting Action??Choice Limiting Action??

Purchase of House Purchase of House

with Private funds with Private funds with intended use with intended use of CDBG for hard of CDBG for hard costs associated costs associated with developing it with developing it into affordable into affordable housing.housing.

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Choice Limiting Action??Choice Limiting Action?? Clearing of a Clearing of a

parking lot and parking lot and small outbuildings small outbuildings at a property that at a property that is applying for is applying for CDBG funds to CDBG funds to create a park.create a park.

Choice Limiting Action??Choice Limiting Action??

A contract is A contract is awarded to an awarded to an engineering firm to engineering firm to draft engineering draft engineering plans and plans and specifications for a specifications for a new park totally new park totally funded with CDBG.funded with CDBG.

Citing RegulationsCiting Regulations

Using the Environmental Using the Environmental RegulationsRegulations

SELECTED CITATIONS FROM PART SELECTED CITATIONS FROM PART 5858

Project Aggregation 58.32Project Aggregation 58.32 Level of Review 58.34, 58.35, 58.36Level of Review 58.34, 58.35, 58.36 Publication/dissemination of Findings 58.43Publication/dissemination of Findings 58.43 Public Comment Periods 58.21, 58.45Public Comment Periods 58.21, 58.45 Adoption of other agencies’ EISs 58.52Adoption of other agencies’ EISs 58.52 Other Requirements 58.6Other Requirements 58.6 ERR Environmental Review Record 58.38ERR Environmental Review Record 58.38 Supplemental Assistance 58.35(b)(7)Supplemental Assistance 58.35(b)(7)

                 

   ENVIRONMENTAL REVIEW RECORDENVIRONMENTAL REVIEW RECORD   

   LEVEL OF ENVIRONMENTAL REVIEW CHECKLIST.LEVEL OF ENVIRONMENTAL REVIEW CHECKLIST.   

   Grant Year: __Grant Year: __20122012____   

  Activity Name Activity Name (list each funded (list each funded activity)activity)

Level of ReviewLevel of Review Part 58 Part 58 CitationCitation Required Documentation*Required Documentation*   

   1. Admin1. Admin ExemptExempt 58.34(a)(3)58.34(a)(3) Finding of ExemptionFinding of Exemption   

  

2. Residential Rehab 2. Residential Rehab Grants/Loans (4 unit max)Grants/Loans (4 unit max)

Categorically Excluded (Tier 1)Categorically Excluded (Tier 1) 58.35(a)(3)(i)58.35(a)(3)(i) Finding of Cat Excl, Tier I Finding of Cat Excl, Tier I Checklist with Supporting Checklist with Supporting DocumentationDocumentation   

   3. Residential Rehab Operating3. Residential Rehab Operating ExemptExempt 58.34(a)(3)58.34(a)(3) Finding of ExemptionFinding of Exemption   

  4. Womens Resource Center 4. Womens Resource Center OperatingOperating

ExemptExempt 58.34(a)(4)58.34(a)(4)Finding of ExemptionFinding of Exemption   

  

5. Streetscape Improvements5. Streetscape Improvements Categorically ExcludedCategorically Excluded 58.35(a)(1)58.35(a)(1) Finding of Cat Excl, Checklist Finding of Cat Excl, Checklist with Supporting with Supporting DocumentationDocumentation   

   Notes: Documentation of "Other Requirements" found at 58.6 must be completed for all activities including Exempt.Notes: Documentation of "Other Requirements" found at 58.6 must be completed for all activities including Exempt.   

   1. Tier 2 review is required for each property to be assisted with residential rehabilitation funds. In project file.1. Tier 2 review is required for each property to be assisted with residential rehabilitation funds. In project file.   

   2. Streetscape Improvements may convert to exempt after completing checklist2. Streetscape Improvements may convert to exempt after completing checklist   

                 

ActivityActivity

Using the Environmental Using the Environmental RegulationsRegulations

Remember, when in doubt, call Remember, when in doubt, call OHCD.OHCD.

It is better to take the time up front It is better to take the time up front and get it right than to have to and get it right than to have to complete the whole process all complete the whole process all over again!over again!

Statutory ChecklistStatutory Checklist

Statutory ChecklistStatutory Checklist

Rhode Island specificRhode Island specific ThresholdsThresholds Links to suggested source Links to suggested source

documentsdocuments

Floodplains & WetlandsFloodplains & Wetlands8-Step Process8-Step Process

Credit: AP Photo/Joe Giblinhttp://interactives.wpri.com/photomojo/gallery/166/2935/2010-historic-floods/warwick-mall-flooded/

Public Notices & Public Notices & Request for Release of Request for Release of FundsFunds

Public Notices & Request Public Notices & Request for Release of Fundsfor Release of Funds

Do not include Exempt activities Do not include Exempt activities in NOI/RROF in NOI/RROF

Addresses for submission of Addresses for submission of comments (local & state) should comments (local & state) should be accurate and adequatebe accurate and adequate

RROF should RROF should not not be dated on the be dated on the last day of comment periodlast day of comment period

Public Notices & Request Public Notices & Request for Release of Fundsfor Release of Funds

Comment Period starts day after Comment Period starts day after date of ad/postingdate of ad/posting

NOI/RROF must include a funding NOI/RROF must include a funding amount for each activity; don’t amount for each activity; don’t aggregateaggregate

Certifying Officer – pertinent Certifying Officer – pertinent regulatory cited at 58.13regulatory cited at 58.13

Public Notices & Request Public Notices & Request for Release of Fundsfor Release of Funds

When Mailing/Posting NoI/RRoF, send copies to:When Mailing/Posting NoI/RRoF, send copies to:Applicable funding subrecipieintsApplicable funding subrecipieints

EPA Director, Federal Agency Liaison DivisionEPA Director, Federal Agency Liaison DivisionOffice of Federal ActivitiesOffice of Federal Activities1200 Pennsylvania Avenue NW Mail Code: 2388A 1200 Pennsylvania Avenue NW Mail Code: 2388A

Washington, DC 20460Washington, DC 20460

EPA Office of Environmental ManagementEPA Office of Environmental Management5 Post Office Square, Suite 1005 Post Office Square, Suite 100Boston, MA 02109-3912Boston, MA 02109-3912

RI DEMRI DEM235 Promenade Street235 Promenade StreetProvidence, RI 02908-5767Providence, RI 02908-5767

Review of PretestReview of Pretest

Questions?Questions?