1. 1 Environmental Review Process for the Neighborhood Stabilization Program 24 CFR Part 58

2. 2 Neighborhood Stabilization Program Environmental Review Requirements Official Welcome: Official Welcome: Charles Bien, Director, Environmental Review Division

3. 3 Environmental Training Today’s Instructors: Linda Poythress, Regional Environmental Officer, Atlanta Office David Blick, Deputy Federal Preservation Officer, Washington, DC

4. 4 Goals for the Course When is an ER required? When is an ER required? What is the process? What is the process? What is qualified documentation? What is qualified documentation? What is the timing? What is the timing? How can the ER process be expedited? How can the ER process be expedited?

5. 5 Call Your Field Environmental Officer First Principle:

6. 6 Find more information on the environmental website: www.HUD.gov/offices/cpd/environment/index.cfm Second Principle:

7. 7 The ER process must be complete PRIOR to commitment of funds Next Principle:

8. 8 The environmental review is a study of the site One More Principle:

9. 9 Why? Project is Federally Funded Project is Federally Funded In whole, or In Part  Requires Compliance with NEPA and the Laws and Authorities

10. 10 National Environmental Policy Act NEPA: Federal Environmental Policy Federal Law  Protect, Restore and Enhance the Human Environment

11. 11 NEPA Shared Responsibility :  The President  The Federal Agencies (RE)  The Courts

12. 12 NEPA Environmental Study Agency Comments Public Document

13. 13 NEPA Environmental Study Agency Comments Public Document Scientific Analysis Relevant Issues

14. 14 Established the CEQ Established the CEQ Exec. Office of the PresidentExec. Office of the President CEQ Regs 42 CFR 1500CEQ Regs 42 CFR 1500 Agency Regs Consistent w/NEPAAgency Regs Consistent w/NEPA Oversees Federal Agencies ERsOversees Federal Agencies ERs Cooperating AgreementsCooperating Agreements NEPA

15. 15 24 CFR Part 58 Procedure for REs 24 CFR Part 51 Hazards 24 CFR Part 55 Floodplains 24 CFR Part 50 HUD Procedure HUD Regulations

16. 16 TERMS Activity Project Individual Action Recipient Responsible Entity Certifying Official Exempt CENST Categorically Excluded RROF NOI/RROF EA FONSI

17. 17 Who’s Responsible? --58.4 Grant to a Unit of Local Government Must assume Part 58 for: Formula Grants Neighborhood Stabilization Grant is a formula grant

18. 18 Who’s Responsible? --58.4 State Funds Grants to LG LG Responsible RROFs to State Grants to Others State Responsible RROF to HUD

19. 19 Overview Steps In the Process

20. 20 Steps Define the project Aggregate Alternatives Level of Review Conduct Review Publish or Post When required RROF Receive ATUGF Commit Funds and Implement Project

21. 21 Overview Steps In the Process: Define the Project

22. 22 Define the Project Project Area: Existing Conditions Features Character Resources Trends

23. 23 Define the Project Activities:  HUD Funded  Programs Used  Other Funding  Time Frame  Action Plan  Maps/location

24. 24 Overview Steps In the Process: Aggregate activites into projects

25. 25 Aggregation 24 CFR Part 58.32 A logical way to group activities into projects for the purpose of environmental review.

26. 26 Types of Aggregation 24 CFR part 58.32 --Geographic

27. 27 Types of Aggregation 24 CFR part 58.32 Functional Functional  Geographic

28. 28 Overview Steps In the Process: --Alternatives

29. 29 Overview Steps In the Process: -- Level of Review and Public Notice Public Notice

30. 30 Level of Review Full Assessment Categorically Excluded, Subject to 58.5/6 Categorically Excluded NOT Subject to 58.5 Exempt

31. 31 Exempt Activities 24 CFR Part 58.34(a) Environmental, planning & design costs Environmental, planning & design costs Information & financial services Information & financial services Administrative/management activities Administrative/management activities Public services (no physical impact) Public services (no physical impact) Inspections Inspections Purchase of tools/insurance Purchase of tools/insurance Technical assistance & training Technical assistance & training Temporary assist. for imminent threats Temporary assist. for imminent threats Payment of principal and interest on HUD loan Payment of principal and interest on HUD loan

32. 32 Exempt “Level of Review” 24 CFR Part 58.34 Document determination in writing Document determination in writing Document compliance with 58.6 Document compliance with 58.6 SIGN and DATE SIGN and DATE No RROF or further approval from HUD or the State is required No RROF or further approval from HUD or the State is required

33. 33 Categorically Excluded Activities not subject to 58.5 at 24 CFR Part 58.35(b) Tenant-based Rental Assistance Supportive Services (Hsg. Counseling) Operating Costs (maintenance, supplies) ED Costs (non-construction) Down-payment Assistance on Existing Pre-development Costs Supplemental Assistance (NEW to Regs)

34. 34 Categorically Excluded Not subject to 58.5 : SAME AS EXEMPT : Document determination in writing Document compliance with 58.6 SIGN and DATE No RROF or further approval from HUD or the State required

35. 35 Categorically Excluded subject to 58.5 24 CFR Part 58.35(a)(1) Public Facilities: Acquisition Repair Reconstruction Improvement If Facility in place 20% or less change in size or capacity

36. 36 Categorically Excluded subject to 58.5 24 CFR Part 58.35(a)(2) Special Projects for removal of: Material Architectural Barriers That restrict mobility and accessibility

37. 37 Categorically Excluded subject to 58.5 (24 CFR Part 58.35(a)(3(i)) Rehabilitation of 1 to 4 family Dwellings Density is not > 4 units Land use is not changed The site is not in FP The footprint is not expanded

38. 38 Categorically Excluded subject to 58.5 24 CFR Part 58.35(a)(3)(ii) Rehab of Multifamily residential when: Density is not changed > 20% Does not involve change in land use Cost is < 75% cost of replacement

39. 39 Categorically Excluded subject to 58.5 24 CFR Part 58.35(a)(3)(iii) Rehab of Non- residential when: < 20% change in size and capacity does not change land use

40. 40 Categorically Excluded subject to 58.5 24 CFR Part 58.34(a)(4) 1. An individual action on a 1-to-4 family dwelling 2. A project of five or more units more than 2,000 ft apart developed on scattered sites

41. 41 Categorically Excluded subject to 58.5 24 CFR Part 58.35(a)(5) Acquisition or Disposition Existing Structure or Land IF Structure will be used for the same use Land will be used for the same use

42. 42 Categorically Excluded Clearance Complete Statutory Checklist If Compliance is triggered: Publish/Post NOI/RROF Wait 7 /10days, Send RROF to HUD/State HUD Waits 15 days

43. 43 Categorically Excluded Clearance Complete Statutory Checklist If Compliance is NOT triggered: Project reverts to exempt document determination in writing (58.34(a)(12) and (b)) place all documentation in ERR (sign and date)

44. 44 Environmental Assessment Activities 24 CFR 58.36 Project Activities that are: Not Categorically Excluded See Conditions 58.35(a) Change in Use Major Rehab Increase in size or capacity > 20% New Const > 4 SF together Require a FULL ASSESSMENT

45. 45 Environmental Assessment Activities Greater potential for Impact Always requires a FONSI and RROF Determines if EIS is required Requires study of alternatives

46. 46 Environmental Assessment Requires NEPA study Includes the Laws and Authorities at 58.5 and 6 Studies: Human Environment Built Environment

47. 47 Environmental Assessment Clearance Complete EA Checklist Make Finding Publish/Post Combined Notice Wait 15/18 days RROF and certifications to HUD) HUD waits 15 days

48. 48 Environmental Impact Statement “EIS” 24 CFR Part 58.37 Completed for: Controversial Projects Findings of Significant Impacts (FOSI) Large projects (2,500 or more units)

49. 49 Overview of Public Notification EA: Combined Notice (FONSI and NOI) EA: Combined Notice (FONSI and NOI) CE that “trigger” compliance: NOI/RROF only CE that “trigger” compliance: NOI/RROF only CE No Compliance Triggered None CE No Compliance Triggered None CE Not Subject to 58.5 : None CE Not Subject to 58.5 : None Exempt: None Exempt: None

50. 50 Public Comment Periods 24 CFR part 58.45 NOI/FONSI - 15 days from Publication or 18 days from Posting NOI/FONSI - 15 days from Publication or 18 days from Posting NOI - 7 days from Publication or NOI - 7 days from Publication or 10 days from Posting 10 days from Posting RE must consider comments prior to submitting its RROF to HUD RE must consider comments prior to submitting its RROF to HUD

51. 51 Basis for Objections: ANYTHING!!! Local Period - Objections FONSI NO RROF

52. 52 Request for Release of Funds Certification Indicates: ER Complete Notice Published Local Comment Period Complete CO Signs Subject to False Claims Act

53. 53 RROF Submission Requirements 24 CFR Part 58.71 Signed 7015.15 from CO Copy of Public Notice Submit to local HUD

54. 54 Objections to HUD 24 CFR Part 58.75 Basis for Objections : 7015.15 not signed by CO FONSI not written Omitted Steps (at subpart E) Committed funds prior to RROF Another Federal agency objects

55. 55 Project Description - Scope Determination of Level of Review Completed review form - as required Documentation attached FONSI and RROF Information Comments and Responses/Analysis HUD Removal of Grant Condition Revisions/changes to original review Environmental Review Record 24 CFR Part 58.38

56. 56 Funds are committed when: A legally binding, irrevocable, contract is signed Limitations on Activities Pending Clearance 24 CFR Part 58.22

57. 57 Limitations on Activities Pending Clearance 24 CFR Part 58.22 Conditional Commitment Subject to the ER Legally Binding Document Must prevent commitment by 3rd party

58. 58 Upon receipt of application/proposal for funding the RE must provide notice to third party: 24 CFR Part 58.22(a)and(c) Third party cannot commit HUD funds or any other funds Third party cannot take any choice limiting action Limitations on Activities Pending Clearance 24 CFR Part 58.22

59. 59 Options to purchase property are allowed prior to receiving ATUGF if: Cost is nominal Site can be rejected based on environmental finding Limitations on Activities Pending Clearance 24 CFR Part 58.22 (d)

60. 60 Tiering 24 CFR Part 58.15 The Tiering process allows: The ER to be conducted in 2 stages: The Broad review The Site Specific review Allows RROF for the project Multi-year Multi-site

61. 61 Tiering 24 CFR Part 58.15 Requires: Broad review with documentation Written strategy Site specific compliance Must maintain entire record

62. 62 Steps for Tiering an ER 24 CFR part 58.15 Define Scope of PROJECT: Define Scope of PROJECT: Include all activities anticipated Include all activities anticipated Aggregate geographically or functionally Aggregate geographically or functionally Conduct the Environmental Review Conduct the Environmental Review Develop a WRITTEN strategy Develop a WRITTEN strategy Develop an Site Specific Checklist Develop an Site Specific Checklist Publish/Post a Public Notice for Project Publish/Post a Public Notice for Project Receive ATUGF from HUD Receive ATUGF from HUD Conduct a SITE SPECIFIC REVIEW Conduct a SITE SPECIFIC REVIEW Sign, date, place in ERR Sign, date, place in ERR Commit funds for the Site Commit funds for the Site

63. 63 Overview Steps In the Process: --Receive the ATUGF: HUD 7015.16 and Proceed --Receive the ATUGF: HUD 7015.16 and Proceed

64. 64 Implement the Preferred Alternative

65. 65 Overview Part 2 Overview of the Laws and Authorities

66. 66 Laws and Authorities 58.5 Historic Preservation Historic Preservation

67. 67 National Historic Preservation Act (16 U.S.C. 470 et. seq.) GOALS: Establish broad agency responsibilities to protect & preserve historic properties (Section 110) Require agencies to consider effects of their projects on historic properties (Section 106)

68. 68 What’s an historic property? Buildings, objects, districts, sites, or structures usually 50+ years old; AND Listed on or eligible for listing on the National Register of Historic Places NR Criteria – 36 CFR Part 60.4

69. 69 Section 106 of NHPA REQUIREMENTS: Take into account the effects of your project on historic properties Afford the Advisory Council on Historic Preservation a reasonable opportunity to comment

70. 70 What triggers 106? Federal funding, assistance, license, permit, or approval Project is defined as an “undertaking” Project has potential to cause effects to historic properties

71. 71 Is your project exempt from Section 106? Refer to §58.34 and § 58.35(b) to see if your project is exempt or categorically excluded not subject to… If so, then under 106, you may make the unilateral decision that the project has “no potential to cause effects” Does an existing Programmatic Agreement exempt your activity?

72. 72 The Regulation 36 CFR Part 800, “Protection of Historic Properties” Establishes a 4-step compliance process Mandates consultation, not preservation Agency is the decision-maker

73. 73 The 4-Step 106 Process 1. 1. Initiate consultation 2. 2. Identify and evaluate historic properties 3. 3. Assess effects 4. Resolve adverse effects

74. 74 1. Initiate Consultation Is the project an undertaking? Is it exempt or CENST? §58.34 or §58.35(b) Programmatic Agreement Which SHPO/THPO do you contact? What other stakeholders should be contacted? How will you involve the public?

75. 75 2. Identify historic properties Define “area of potential effect” Gather existing information from knowledgeable sources Contact stakeholders for any new info Evaluate NR eligibility Submit finding of “no historic properties affected” or move to next step Include supporting documentation

76. 76 3. Assess Effects Apply criteria of adverse effect See §800.5(a)(1) Consult with SHPO/THPO and stakeholders, the public Submit finding of “no adverse effect” or go to next step Include supporting documentation

77. 77 4. Resolve Adverse Effects Notify ACHP of adverse effect Continue consultation with stakeholders Involve the public Consider ways to avoid or minimize effects by modifying the project Negotiate mitigation to offset adverse effects Execute Memorandum of Agreement

78. 78 Expediting & Streamlining Section 106 Use §800.3(g) when appropriate Combine findings into 1 submission to SHPO and stakeholders Use a Programmatic Agreement (§800.14(b)) Tailors compliance to meet needs of your program/activities Reduces SHPO review time Allows you to make decisions without SHPO

79. 79 HUD Guidance Available HUD Historic Preservation website: http://www.hud.gov/offices/cpd/enviro nment/ review/historic.cfm CDBG Pamphlet, “Preserving America” 106 “Toolkit” for Neighborhood Stabilization programs & activities Helpful tips and guidance Sample correspondence Sample Programmatic Agreement

80. 80 Laws and Authorities 58.5 Historic Preservation Floodplain & Wetlands

81. 81 Floodplain Management EO 11988 & 24 CFR Part 55 Goal: AVOID development in Floodplain Unless there is No Alternative Requires 8 Step Process (Part 55.20) Written analysis 2 Public notices Comment 15 and 7 days

82. 82 Floodplain 24 CFR Part 55.12 Exceptions: Acquisition of existing 1 to 4 family dwellings Minor repairs to 1 to 4 family dwellings Incidental portion in FP (conditions) Projects with LOMA or LOMR Avoid the FP – reject the site

83. 83 Floodplain 24 CFR Part 55 Is the building or construction in the 100 yr Floodplain? If Yes, compliance time increased costs are increased flood insurance required: Grant: Economic life Loan: Life of loan

84. 84 : The 8-Step Process What are the Steps : 1. 1. Is the site in the FP/WL? 2. 2. Early Public Notice 3. 3. Evaluate Alternatives 4. 4. Identify Impacts 5. 5. Minimize Impacts 6. 6. Reevaluate Alternatives 7. 7. Publish Final Notice 8. 8. Proceed and Mitigate

85. 85 Streamlining Floodplain 24 CFR Part 55.25 Area-wide Compliance: Invite agencies with knowledge to participate - scoping Requires development and publication of strategy (2 notices) Determines mitigation for actions Expires in 10 years

86. 86 Wetlands – EO 11990 24 CFR Part 58.5(B)(2) Goal: Avoid Development in Wetland Water Marks

87. 87 Wetlands - EO 11990 Exceptions: Rehabilitation Acquisition of Existing Other projects without soil disturbance Wetland on site but avoided

88. 88 Wetlands – EO 11990 Identification Step 1: Review Documentation: National Wetlands Inventory Map Soil Surveys USGS Topographic Maps Aerial Photographs

89. 89 Wetlands – EO 11990 Identification Step 2: Onsite observation: Plants Soil Water indicators e.g. Drainage patterns

90. 90 Wetlands – EO 11990 If the site is in a Wetland the ER must contain: Alternatives analysis Mitigation Proof of Public Notice

91. 91 Laws and Authorities 58.5 Historic Preservation Floodplain & Wetlands HUD Environmental Standards Noise Above Ground Storage Tanks Clearzones Toxics

92. 92 24 CFR Part 51 Subpart A: General Provisions Subpart B: Noise Abatement and Control Subpart C: Above Ground Storage Tanks with Flammable Liquids and Gases Subpart D: Airport Clear zones 24 CFR Part 58.5(i) Toxics

93. 93 HUD Noise Standards 24 CFR Part 51 (b) SOURCE

94. 94 HUD Noise Standards 24 CFR Part 51 (b) Exceptions: Acquisition of existing structures without rehab Uses that are not noise sensitive

95. 95 HUD’s Noise Standards 24 CFR Part 51(b) Acceptable: Less than 65 DNL Normally Unacceptable: 65 -75 DNL Unacceptable: greater than 75 DNL Determined by exterior noise levels Interior Goal is 45 DNL

96. 96 HUD Noise Standards 24 CFR Part 51 (b) When is the calculation required? Is the site: 1000 feet from highway 3,000 feet from a Railroad 15 miles from a civil airport or military airport

97. 97 Above Ground Storage Tanks 24 CFR Part 51 (C)

98. 98 Acquisition of existing single family homes, multifamily developments, other structures Rehabilitation with out expansion Because the number of persons exposed to is not increased Exceptions: Above Ground Storage Tanks 24 CFR Part 51 (C)

99. 99 Above Ground Storage Tanks 24 CFR Part 51 (C) Underground Storage Tanks High Pressure Pipelines Natural gas holders With Floating Tops Mobile tanks en route Exceptions:

100. 100 Above Ground Storage Tanks 24 CFR Part 51 (C) 1. size of the tank 2. contents 3. liquid or gas 4. pressurized/ not under pressure 5. distance from project site 6. Is the tank diked or undiked? Collect the following Information:

101. 101 Above Ground Storage Tanks 24 CFR Part 51 (C) Above Ground Storage Tanks 24 CFR Part 51 (C) Use the Chart on Page 51 and 52 of the guide book to calculate the ASD ASD HUD assisted Project StationeryAboveGround Storage Tank Distance

102. 102 Mitigation Options Bury the assessed tank Bury the assessed tank Move the building outside Move the building outside the ASD (exterior uses must also be mitigated) Modify the building design Modify the building design Choose another site Choose another site Design and implement a barrier Design and implement a barrier

103. 103 Airport Clear Zones 24 CFR Part 51 Subpart D Policy: To avoid provision of HUD funds for projects that are occupied or frequently used by people Exceptions: Purchase of existing with notice and written statement by airport operator of no planned expansion or buy out planned for the site

104. 104 Airport Clear Zones Part 51 Subpart D Prohibits use frequented by people for: No New Construction No New Construction No major rehab >75% No major rehab >75% No increase in density No increase in density No purchase of land for development No purchase of land for development

105. 105 Clearzone APZ

106. 106 Is there an airport in 1 mile of the site? If no, document the file with a map If yes: Obtain: Civil: “Airport Layout Plan” Civil: “Airport Layout Plan” Military: “AICUZ” Military: “AICUZ” To determine: Civil: Runway Clear Zone Civil: Runway Clear Zone Military: Military: Clearzone and Clearzone and Accident Potential Zone Accident Potential Zone Airport Clear Zones 24 CFR Part 51 Subpart D

107. 107 Airport Clear Zones Part 51 Subpart D When is an impact review required? When the project site is located at the end of a runway: When the project site is located at the end of a runway: civil airport: 2,500 feet civil airport: 2,500 feet military airport: 15,000 feet military airport: 15,000 feet If Yes, If Yes, ER must contain written determination by airport operator stating site in or out of Clearzone

108. 108 Airport Clear Zones Part 51 Subpart D Leasing, purchase or sale in Clear Zone or APZ Leasing, purchase or sale in Clear Zone or APZ Requires Notice Requires Notice see HUD website for a copy see HUD website for a copy Notice Signature

109. 109 Toxics 24 CFR Part 58.5(i) Must determine site is : Must determine site is : free of hazards, contamination free of hazards, contamination toxic chemicals, gas and radioactive materials toxic chemicals, gas and radioactive materials that could affect: that could affect: health and safety of occupants, and/or health and safety of occupants, and/or conflict with use of property conflict with use of property

110. 110 Toxics 24 CFR Part 58.5(i) Emphasis on sites with likely hazards: Landfills Landfills Dumps Dumps Industrial sites Industrial sites Gas stations Gas stations Substations Substations

111. 111 Toxics 24 CFR Part 58.5(i) Very Few Exceptions: Phase I: Environmental Site Assessment ASTM standards do not apply to single family but HUD regulations do apply Phase I: Environmental Site Assessment ASTM standards do not apply to single family but HUD regulations do apply However, all HUD funded projects must be free from hazards that could affect the health and safety of the residents or conflict with the intended use of the property However, all HUD funded projects must be free from hazards that could affect the health and safety of the residents or conflict with the intended use of the property

112. 112 Toxics 24 CFR Part 58.5(i)(2) i.Site must be free of hazards ii.Multifamily or nonresidential must study previous use iii.Emphasis on sites with known hazards iv.Current techniques by qualified professionals

113. 113 Laws and Authorities 58.5 Historic Preservation Historic Preservation Floodplain & Wetlands Floodplain & Wetlands HUD Env. Standards HUD Env. Standards Aquifers Aquifers

114. 114 Sole Source Aquifers 24 CFR Part 58.5(d) Goal: Goal: To preserve and conserve the only source of water for a community.

115. 115 Sole Source Aquifers Exceptions: Acquisition of structures with no change in use Acquisition of structures with no change in use Rehab of existing structures Rehab of existing structures States and areas with out sole source aquifers States and areas with out sole source aquifers

116. 116 Sole Source Aquifers Generally applies to: New Construction New Construction Change of use Change of use Acquisition of vacant land for development Acquisition of vacant land for development

117. 117 Laws and Authorities 58.5 Historic Preservation Historic Preservation Floodplain & Wetlands Floodplain & Wetlands HUD Env. Standards HUD Env. Standards Aquifers Aquifers Endangered Species Endangered Species

118. 118 Endangered Species Act Goal: Conserve federally threatened and endangered species and their habitats.

119. 119 Endangered Species Act Exceptions: Building acquisition; Building acquisition; Rehabilitation; Rehabilitation; Reconstruction w/in existing footprint; Reconstruction w/in existing footprint; Demolition; Demolition; Other projects w/out soil disturbance, vegetation removal or excessive noise. Other projects w/out soil disturbance, vegetation removal or excessive noise.

120. 120 Endangered Species Act Step 1: Consult with USFWS: Species known from county (parish)Species known from county (parish) Species known from project watershed (aquatics)Species known from project watershed (aquatics) If no – “No Effect” If no – “No Effect”

121. 121 Endangered Species Act Step 2: Species in community: Basic habitat (e.g. forest, field)Basic habitat (e.g. forest, field) Staff survey (obvious habitat absence)Staff survey (obvious habitat absence) Professional surveyProfessional survey No habitat – “No Effect” No habitat – “No Effect” Habitat, no species – “Not likely to adversely affect”. Habitat, no species – “Not likely to adversely affect”.

122. 122 Endangered Species Act Likely to Adversely Affect: Biological Assessment Biological Assessment Biological Opinion: Biological Opinion: Alternatives &Alternatives & MeasuresMeasures

123. 123 Laws and Authorities 58.5 Historic Preservation Historic Preservation Floodplain & Wetlands Floodplain & Wetlands HUD Env. Standards HUD Env. Standards Aquifers Aquifers Endangered Species Endangered Species Rivers Rivers

124. 124 http://www.rivers.gov/wildriverslist.html To identify Wild and Scenic Rivers Wild and Scenic Rivers Act 24 CFR Part 58.5(f)

125. 125 Wild and Scenic Rivers Exceptions: Acquisition of existing structures Acquisition of existing structures Rehabilitation of existing structures Rehabilitation of existing structures

126. 126 Wild and Scenic Rivers Applies to designated rivers Applies to designated rivers Study within 1 mile of site Study within 1 mile of site For: For: new construction new construction change of use, change of use, major rehab and major rehab and acquisition of land acquisition of land

127. 127 Laws and Authorities 58.5 Historic Preservation Historic Preservation Floodplain & Wetlands Floodplain & Wetlands HUD Env. Standards HUD Env. Standards Aquifers Aquifers Endangered Species Endangered Species Rivers Rivers Air Air

128. 128 Air Quality 24 CFR Part 58.5(g) Is the site in a Non - attainment Area? Is the site in a Non - attainment Area? Local Requirements on SIP? Local Requirements on SIP? Will Project impact? Will Project impact?

129. 129 Exceptions:Exceptions: Actions outside non-attainment areas Actions outside non-attainment areas Emission levels below de minmus level Emission levels below de minmus level Rehabilitation activities Rehabilitation activities Acquisition for continued use Acquisition for continued use Land banking (required when site is developed) Land banking (required when site is developed) Air Quality 24 CFR Part 58.5(g)

130. 130 Additional Issues: Demolition and Rehab Demolition and Rehab Comply with EPA and State Laws (emissions, asbestos & lead)Comply with EPA and State Laws (emissions, asbestos & lead) Project proximity to other sources such as: Project proximity to other sources such as: Stack emissionsStack emissions RoadsRoads Air Quality 24 CFR Part 58.5(g)

131. 131 Laws and Authorities 58.5 Historic Preservation Historic Preservation Floodplain & Wetlands Floodplain & Wetlands HUD Env. Stadards HUD Env. Stadards Aquifers Aquifers Endangered Species Endangered Species Rivers Rivers Air Air Farmlands Farmlands

132. 132 Farmlands Protection Act 24 CFR Part 58.5(h) Avoid impact to farmlands designated as : Prime Unique State or Local Importance

133. 133 Exceptions: Rehabilitation of existing buildings Rehabilitation of existing buildings Acquisition of existing buildings Acquisition of existing buildings Farmlands Protection Act

134. 134 Applies to: New construction New construction Land acquisition Land acquisition Outside Urban areas Farmlands Protection Act

135. 135 Farmlands Protection Act If outside an urban area: Consult “Important Farmland Map” from NRCS;USDOA from NRCS;USDOA www.nrcs.usda.gov/technical/NRI/maps/meta/m5970.html

136. 136 Farmlands Protection Act If site is indicated on map: conduct analysis using form AD1006 conduct analysis using form AD1006 If it meets threshold, contact NRCS If it meets threshold, contact NRCS

137. 137 Laws and Authorities 58.5 Historic Preservation Historic Preservation Floodplain & Wetlands Floodplain & Wetlands HUD Env. Standards HUD Env. Standards Aquifers Aquifers Endangered Species Endangered Species Rivers Rivers Air Air Farmlands Farmlands Coastal Zone Coastal Zone

138. 138 Coastal Zones 24 CFR Part 58.5(c) Coastal zone management Exceptions: Exceptions: Rehabilitation of structures Rehabilitation of structures Acquisition of existing structures Acquisition of existing structures

139. 139 Coastal Zones 24 CFR Part 58.5(c) Applies to: Applies to: New construction New construction Conversion of land use Conversion of land use Major Rehabilitation Major Rehabilitation Acquisition of undeveloped land Acquisition of undeveloped land

140. 140 Coastal Zones 24 CFR Part 58.5(c) Avoid Avoid If not, If not, Increased compliance time Increased compliance time Obtain letter indicating project is Consistent with State Coastal Zone Management PlanObtain letter indicating project is Consistent with State Coastal Zone Management Plan

141. 141 Laws and Authorities 58.5 Historic Preservation Historic Preservation Floodplain & Wetlands Floodplain & Wetlands Coastal Zone Coastal Zone Aquifers Aquifers Endangered Species Endangered Species Rivers Rivers Air Air Farmlands Farmlands HUD Env. Standards HUD Env. Standards Environmental Justice Environmental Justice

142. 142 Environmental Justice 24 CFR Part 58.5(j) EO 12898 EO 12898 Addresses: Addresses: Disproportionate impact: Disproportionate impact: adverse effects on human health adverse effects on human health environmental effects environmental effects to low income and minority populations to low income and minority populations

143. 143 Environmental Justice Exceptions: Exceptions: Projects without adverse health effects Projects without adverse health effects

144. 144 Environmental Justice E.O. 12898 Is there an environmental impact or condition: Is there an environmental impact or condition: If yes, does the condition disproportionately affect:If yes, does the condition disproportionately affect: Low Income Low Income Minority Minority

145. 145 Environmental Justice Applies to: Disproportionate impact to low income and minority for: Disproportionate impact to low income and minority for: Acquisition of existing housing Acquisition of existing housing Acquisition land for development Acquisition land for development New Construction New Construction

146. 146 Laws and Authorities 58.6 OTHER  Flood Insurance

147. 147 Laws and Authorities 58.6 OTHER  Flood Insurance  Coastal Barrier

148. 148 Laws and Authorities 58.6 OTHER Clear Zone notice Clear Zone notice  Flood Insurance  Coastal Barrier

149. 149 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 Purchase of Flood Insurance is mandatory for properties assisted with HUD funds & located in the Special Flood Hazard Area (SFHA) 100 year flood plain

150. 150 Flood Insurance How Much – How long? Grants: Life of the property Life of the property * Even if title is transferred Amount of the project cost Amount of the project costLoans: Life of the Loan Life of the Loan Amount of the Loan Amount of the Loan

151. 151 Flood Insurance Exceptions Formula Grants to State Formula Grants to State State Owned Property State Owned Property Loans of < $5,000 repaid in 1 year Loans of < $5,000 repaid in 1 year Leasing without rehab, acquisition or improvements Leasing without rehab, acquisition or improvements Maintenance – very limited NOT Rehab Maintenance – very limited NOT Rehab See maintenance memo from you FEOSee maintenance memo from you FEO

152. 152 Coastal Barriers Coastal Barrier Resources Act Prohibits Federal funding for projects in coastal barriers. Consult DOI Maps

153. 153 Coastal Barrier Resources Designated by: Designated by: US Fish and Wildlife US Fish and Wildlife Coastal Barrier Maps and FEMA Maps Coastal Barrier Maps and FEMA Maps Administered by: Administered by: NOAA with local CZM Agencies NOAA with local CZM Agencies Covers: Covers: Gulf of Mexico Gulf of Mexico Atlantic Atlantic Great Lakes Great Lakes

154. 154 Clearzone Notification Notification mandatory for acquisition or leasing including minor rehab in Clearzone Notice Signature