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The Lifecycle of Grants: Environmental Review. November 7, 2012. Tim Allen and Cecilia Castillo Office of Community Development (614) 466-2285 [email protected] [email protected] www.development.ohio.gov. Training Materials.

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Presentation Transcript
slide2

Tim Allen and Cecilia Castillo

Office of Community Development

(614) 466-2285

[email protected]

[email protected]

www.development.ohio.gov

training materials
Training Materials
  • Environmental Review Flowchart
  • ER Levels Information Sheets
  • *New* Environmental Review Worksheets
slide8

Applying HUD’s Floodplain Management and Wetlands Protection Standards

Basics of a Part 58 Review

training outline
Training Outline
  • Environmental Review Basics
  • Levels of Review
environmental review background
Environmental Review Background
  • National Environmental Policy Act of 1969, as amended (NEPA)
  • Housing and Community Development Act of 1974
  • HUD ER Regulations: 24 CFR Part 58
other environmental laws
Other Environmental Laws
  • Floodplain Management: 1977
  • National Historic Preservation Act: 1966
  • Wild and Scenic Rivers: 1968
  • Wetlands: 1977
  • Farmlands Protection Policy Act: 1981
  • Clean Air Act: 1970
  • Sole Source Aquifers: 1974
  • Endangered Species Act: 1973
other environmental laws1
Other Environmental Laws
  • Certain types of HUD projects require compliance with other environmental laws
  • For these projects, compliance with related environmental laws will form the core of the environmental review process
applicability
Applicability
  • All HUD-funded activities - including those funded with Program Income - require an environmental review.
documentation
Documentation
  • Grantees must maintain an environmental review file for each activity that documents decision-making and process
environmental review timing
Environmental Review Timing
  • Start early!
  • Grantees may not commit funds, or enter into contracts, until the State of Ohio issues a Release of Funds.
er overview
ER Overview
  • Project Scope
  • Determine Level of Environmental Review
  • Conduct Environmental Review
  • Public Notices
  • RROF and/or Certification
determine scope of project
Determine Scope of Project
  • Identify Activities
  • Aggregate Related Activities for ER (per 24 CFR 58.32)
determine level of review
Determine Level of Review
  • Exempt
  • Categorical Exclusion
  • Environmental Assessment
exempt
Exempt
  • No environmental review, consultation, or other action under NEPA
  • Includes: Environmental and other studies, Administration, Public services, Purchase of tools, Engineering or design costs, Training…
admin planning and fair housing
Admin, Planning, andFair Housing
  • Some OCD programs include an Environmental Review Documentation and Certification Form for General Administration, Planning, and Fair Housing in the program application
  • This document constitutes an environmental release for these three activities
categorical exclusion
Categorical Exclusion
  • Category of activities for which no environmental impact statement or environmental assessment and Finding of No Significant Impact (FONSI) under NEPA is required.
categorical exclusion1
Categorical Exclusion
  • Subdivided by required compliance with “related laws and authorities” (24 CFR 58.5)

Not subject to

§58.5

Subject to

§ 58.5

other environmental laws2
Other Environmental Laws
  • Floodplain Management: 1977
  • National Historic Preservation Act: 1966
  • Wild and Scenic Rivers: 1968
  • Wetlands: 1977
  • Farmlands Protection Policy Act: 1981
  • Clean Air Act: 1970
  • Sole Source Aquifers: 1974
  • Endangered Species Act: 1973
categorical exclusion subject to sec 58 5
Categorical Exclusion,Subject to Sec. 58.5
  • Public facilities improvements, Architectural barriers, certain Rehabilitation, Acquisition…
individual action
“Individual Action”
  • Up to four dwelling units where there is a maximum of four units on any one site
  • Five or more housing units developed on scattered sites when the sites are more than 2,000 feet apart and there are not more than four housing units on any one site
individual action1
“Individual Action”
  • Clarification of Individual Action (on Housing units) as a Categorical Exclusion, Subject to Sec. 58.5
  • New construction, development, demolition, acquisition, disposition, or refinancing
notice of intent to request release of funds noi rrof
Notice of Intent to Request Release of Funds (NOI/RROF)
  • Newspaper of general circulation, non-legal section
  • ERR must be complete prior to publication
  • 7-day comment period
  • Submit RROF to State
  • 15-day objection period
categorical exclusion not subject to sec 58 5
Categorical Exclusion,Not Subject to Sec. 58.5
  • Tenant-based rental assistance, Supportive services, Operating costs, certain Economic Development activities…
slide53

Runway Clear Zones

Coastal Barriers

Flood Insurance

environmental assessment
Environmental Assessment
  • All projects not Categorically Excluded or Exempt (e.g. New construction, Significant Rehabilitation, etc.)
slide65

Runway Clear Zones

Coastal Barriers

Flood Insurance

slide67
Combined Notice:Finding of No Significant Impact (FONSI) & Notice of Intent to Request Release of Funds (NOI/RROF)
  • Newspaper of general circulation, non-legal section
  • ERR must be complete prior to publication
  • 15-day comment period
  • Submit RROF to State
  • 15-day objection period
continued relevance
Continued Relevance
  • Bases environmental findings on a past environmental review record (ERR)
  • Requires a re-evaluation of the original ERR
  • Original ERR must have been conducted by the same responsible entity
continued relevance1
Continued Relevance
  • Phased projects, multi-year projects
  • Grantees may cite Continued Relevance for up to 6 years from the date of the original release of funds
questions
Questions?

Environmental Assessment

Exempt

Categorical Exclusion, Subject to 58.5

Categorical Exclusion, Subsequently Exempt

Continued Relevance

Categorical Exclusion, Not Subject to 58.5

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