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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

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

why conduct an environmental review er
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
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

slide5

ENVIRONMENTAL REVIEW FLOW CHART

  • Will Help You Determine the ER Requirements for your Project!!!
exempt activities
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
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
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

slide9

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 laws 24 cfr part 58 5
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
The Environmental Assessment
  • Project have activities not Exempt or C.E.? (like most CDBG projects?)
  • You must complete Env. Assessment!!!

Environmental Procedures

the environmental assessment12
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
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
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 cont15
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

slide17

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

environmental assessment cont18
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
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
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
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

programmatic agreement
ProgrammaticAgreement
  • Applicable to all CDBG and CHIP Housing activities
  • Available on DCA Web site

Environmental Procedures

slide27

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

slide28

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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