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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. Environmental Requirements for CDBG and CHIP Compliance.

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Welcome to the COMPLIANCE SESSION

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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


Environmental Requirements for CDBG and CHIP Compliance

Environmental 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

Environmental 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?

Environmental Procedures


  • 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?

    Environmental 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

    Environmental 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?

    Environmental Procedures


    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.

    Environmental Procedures


    The Environmental Assessment

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

    • You must complete Env. Assessment!!!

    Environmental 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

    Environmental 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

    Environmental Procedures


    Environmental Assessment (cont.)

    The Env. Checklist – Format II covers 7 areas:

    • Land Development

    • Noise

    • Air Quality

    • Env Design & Historic Value

    • Socioeconomic

    • Community Facilities & Services

    • Natural Features

    Environmental 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

    Environmental Procedures


    Environmental Procedures


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


    Environmental Assessment (cont.)

    Next Steps:

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

      • It’s “Concurrent” bc it notifies public of 2 things:

        • Finding of No Significant Effect

        • Intent to Request Release of Funds (RROF)

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

    • Give public 15 days for comment then submit RROF to DCA

    • DCA will give 15 more days for public comment

    • DCA will send Release of Funds letter to you

    Environmental Procedures


    Summary of Env. Review Steps

    • Set-up Environmental Review Record (ERR)

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

    • Complete Statutory Checklist

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

      • Floodplains

      • Wetlands

      • Historic Preservation (Section 106)

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

    • Publish “Concurrent Notice”, wait 15 days

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

    Environmental 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

    Environmental 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)

    Environmental Procedures


    ProgrammaticAgreement

    • Applicable to all CDBG and CHIP Housing activities

    • Available on DCA Web site

    Environmental Procedures


    Important Points to Remember

    • 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

    Environmental 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: [email protected]

    Environmental Procedures


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