1. 2009 CDBG/CHIP Recipients’ Workshop Welcome to the COMPLIANCE SESSION ENVIRONMENTAL REQUIREMENTS Afternoon session will cover new CHIP FEDERAL LABOR STANDARDS SECTION 3 (Compliance and Reporting) PROPERTY ACQUISITION HUD CONFLICT OF INTEREST PROHIBITION

2. Page 2 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures Environmental Requirements for CDBG and CHIP Compliance

3. Page 3 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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

4. Page 4 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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?

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

6. Page 6 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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?

7. Page 7 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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

8. Page 8 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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?

9. 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.

10. Page 10 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures Other Applicable Laws 24 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.

11. Page 11 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures The Environmental Assessment Project have activities not Exempt or C.E.? (like most CDBG projects?) You must complete Env. Assessment!!!

12. Page 12 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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

13. Page 13 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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

14. Page 14 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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

15. Page 15 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures Environmental Assessment (cont.) Determine each area as 1 of 4 impact categories: No Impact Beneficial Impact Adverse – documentation only Adverse – Needs More Study or Change in Project Document legitimate, authoritative sources in your determination! Example: Use a FIRM # as source if you suggest “No Impact” on floodplains

16. Page 16 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures

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

18. Page 18 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures Environmental Assessment (cont.) 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 Effect II.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

22. Page 22 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures Summary of Env. Review Steps 1.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.

23. Page 23 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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

25. Page 25 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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)

26. Page 26 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures Programmatic Agreement Applicable to all CDBG and CHIP Housing activities Available on DCA Web site

27. Page 27 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures 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

28. Page 28 2009 CDBG/CHIP Recipients’ WorkshopEnvironmental Procedures For Your Reference HUD Regulation 24 CFR Part 58 outlines the requirements. Chapter 2, Section 2 of the CDBG Recipients Manual explains the process. DCA Contact Rick Huber, Compliance Manager Phone: (404) 679-3174 E-mail: rick.huber@dca.ga.gov