Transcript Environmantal Compliance
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
2009 CDBG/CHIP Recipients’ Workshop
Environmental Requirements for CDBG and CHIP Compliance
2009 CDBG/CHIP Recipients’ Workshop
Page 2 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
2009 CDBG/CHIP Recipients’ Workshop
Page 3 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?
2009 CDBG/CHIP Recipients’ Workshop
Page 4 Environmental Procedures
ENVIRONMENTAL REVIEW FLOW CHART
Will Help You Determine the ER Requirements for your Project!!!
OUTLINE OF ENVIRONMENTAL REVIEW PROCESS
If activity is exempt: 1. Document exemption in ERR STEP #1 Determine if activity is exempt 2. Submit to DCA finding of exemption 3. Receive notice of clearance of general environmental condition If project is categorically excluded: 1. Document compliance with related environmental laws using statutory checklist 2. If no laws or regulations apply, project can be found exempt (see Step 1).
Otherwise continue with 3 3. Publish and disseminate NOI/RROF 4. Wait 7 days for comments 5. Submit RROF/Certifications to DCA 6. DCA must wait 15 days 7. Receive Notice of Clearance General Environmental Condition STEP #2 If project is not exempt, determine if categorically excluded If E.A. indicates project will have no significant impact: 1. Document compliance with other environmental 2. Publish and disseminate a Concurrent Notice; wait 15 days 3. Submit RROF/Certifications to DCA 4. DCA must wait 15 days 5. Receive notice of clearance of general environmental condition STEP #3 If project neither exempt nor categorically excluded: prepare an environmental assessement (EA) STEP #4 If EA indicates project may significantly affect environment, contact DCA immediately Note on counting days: all time periods are counted in calendar days. The first day of a time period begins at 12:01 a.m. On the day following the publication date of the notice which initiates the time period. Example: a Concurrent Notice is published on March 1. The 15 day local comment period extends through March 16. The RROF/Certifications can be submitted on March 17. The DCA 15 day period begins on the date the RROF/Certifications is received or the date for objections to DCA specified in the Notice, whichever is later.
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?
2009 CDBG/CHIP Recipients’ Workshop
Page 6 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
2009 CDBG/CHIP Recipients’ Workshop
Page 7 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?
2009 CDBG/CHIP Recipients’ Workshop
Page 8 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.
SAMPLE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FINDING OF EXEMPTION (From Environmental Review Requirements)
It is the finding of __________________________________ that the following listed activities are exempt from National Environmental Policies Act (NEPA) requirements and other environmental reviews in accordance with HUD environmental regulations (24 CFR Part 58) and procedures as specified in the Department of Community Affairs (DCA) CDBG Recipients Manual : Activity Number: Description of Activity : These activities are exempt for the following reason(s): (Check here if the following is applicable) For those activities which are categorically excluded from environmental review requirements, a Statutory Checklist has been completed and is attached which documents that there are no circumstances requiring compliance actions regarding any of the listed (24 CFR Part 58) environmental laws, regulations or policies. These categorically excluded activities are therefore also exempt from environmental review requirements.
Signature of person completing form Signature of Certifying Officer Date Date
• • • • •
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.
2009 CDBG/CHIP Recipients’ Workshop
Page 10 Environmental Procedures
The Environmental Assessment
•
Project have activities not Exempt or C.E.? (like most CDBG projects?)
•
You must complete Env. Assessment!!!
2009 CDBG/CHIP Recipients’ Workshop
Page 11 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
2009 CDBG/CHIP Recipients’ Workshop
Page 12 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
2009 CDBG/CHIP Recipients’ Workshop
Page 13 Environmental Procedures
Environmental Assessment (cont.)
The Env. Checklist – Format II covers 7 areas: 1.
Land Development 2.
3.
Noise Air Quality 4.
5.
6.
Env Design & Historic Value Socioeconomic Community Facilities & Services 7.
Natural Features
2009 CDBG/CHIP Recipients’ Workshop
Page 14 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
2009 CDBG/CHIP Recipients’ Workshop
Page 15 Environmental Procedures
2009 CDBG/CHIP Recipients’ Workshop
Page 16 Environmental Procedures
The Certifying Official (aka Chief Elected Official) must sign & accept legal responsibility for the Finding of No Significant Impact (FONSI)
E NVIRONMENTAL A SSESSMENT C HECKLIST
(continued, page 6)
E NVIRONMENTAL R EVIEW F INDING
On the basis of the environmental assessment of the above project I have made the following finding.
X
A F INDING OF N O S IGNIFICANT I MPACT
I find that this project is not a major federal action which will have a significant effect on the human environment and that a request to HUD for the release of projects funds will not require an Environmental Impact Statement.
(date) signature, title and address of certifying officer
A F INDING OF S IGNIFICANT I MPACT
I find that this project is a major federal action which will have a significant effect on the human environment and that a request to HUD for release of project funds will require an Environmental Impact Statement.
(date) signature, title and address of certifying officer
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.
II.
Finding of No Significant Effect 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
2009 CDBG/CHIP Recipients’ Workshop
Page 18 Environmental Procedures
CONCURRENT NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF REQUEST FOR RELEASE OF FUNDS
Date of Publication: _______________ ________________________ (Name of CDBG Recipient) _____________________ (Street, City, Zip Code) _____________________ (Telephone #)
TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS
On or about
(16 days from date of publication)
the above named
(City) (County)
will request the Georgia Department of Community Affairs (DCA) to release Federal funds under Title I of the Housing and Community Development Act of 1974, as amended, for the following project: __________________________________________________________________________
(Project Title or Name) __________________________________________________________________________ (Project Activities) __________________________________________________________________________ (Purpose or Nature of the Project) __________________________________________________________________________ (Specific Location of the Project)
FINDING OF NO SIGNIFICANT IMPACT (FONSI)
It has been determined that such request for release of funds will not constitute an action significantly affecting the quality or the human environment and, accordingly, the above named
(City) (County)
has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL 91-190).
The reasons for such decision not to prepare such Statement are as follows: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
(Set forth reasons for decision)
An Environmental Review Record respecting the proposed project has been made by the above named file at
(City) (County) (location)
which documents the environmental review of the project and more fully sets forth the reasons why such Statement is not required. This Environmental Record is on and is available for public examination and copying upon request at
(Room or other specific location)
between the hours of _______ and _______.
No further environmental review of such project is proposed to be conducted prior to the request for release of Federal funds.
PUBLIC COMMENTS ON FONSI
All interested agencies, groups and persons disagreeing with this decision are invited to submit written comments for consideration by the
(City) (County)
to the
(office of the undersigned) (other specific place)
. Such written comments should be received at
(specific address)
on or before
(15 days from date of publication).
All such comments so received will be considered and the
(City) (County)
will not request the release of Federal funds or take any administrative action on the proposed project prior to the date specified in the preceding sentence.
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS (NOI/RROF)
At least one day after the termination of the public comment period for the FONSI but not before comments on the FONSI have been considered and resolved,
(name of CDBG Recipient)
will submit a Request for Release of Funds (RROF) and Certification to DCA. By so doing the
(City) (County)
will ask DCA to allow it to commit funds to this project certifying that (1) it has performed the environmental review prescribed by HUD regulations ("Environmental Review Procedures for Title I Community Development Block Grant Program" - 24 CFR Part 58), and 2) the Certifying Officer,
(name)
, consents to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to the environmental review or resulting decision-making and action. The legal effect of the certification is that by approving it, DCA will have satisfied its responsibilities under the National Environment Act thus allowing
(name of CDBG Recipient)
to commit Community Development Block Grant funds to this project.
OBJECTION TO RELEASE OF FUNDS
DCA will accept objection to this approval of the release of funds and the certification only if it is on one of the following bases: a) that the certification was not in fact executed by the Certifying Officer; or b) that applicant's Environmental Review Record for the project indicated omission of a required decision, finding, or step applicable to the project in the environmental review process. Objections must be prepared and submitted in accordance with the required procedure (24 CFR Part 58) and may be addressed to DCA at CDBG Section, 60 Executive Park South, Atlanta, Georgia 30329-2231.
Objections to the release of funds on bases other than those stated above will not be considered by the State. No objection received after
(30 days plus mailing time from the date of publication)
will be considered by DCA.
_____________________________________
Name of Local Government
_____________________________________
Name of Certifying Officer _____________________________________ Address _____________________________________ City/ Zip
September 19, 2002 The Honorable Jack Paulk Turner County Commission Chairman Post Office Box 191 Ashburn, Georgia 31714-0191 Re:
CDBG 01p-y-142-1-2549 Environmental Review Compliance
Dear Chairman Paulk: This is to acknowledge receipt of your Request for Release of Funds and Certifications concerning your environmental review responsibilities under 24 CFR Part 58 and the National Environmental Policies Act for the Community Development Block Grant (CDBG) project identified above. The environmental review general condition placed on this grant is now cleared and funds are released as of
September 5, 2002
for the following activities:
Activity P-03k-01 Activity P-03k-02 Street Improvements Flood and Drainage Improvements
If I can be of any additional assistance, please call me at (404) 679-3174 or I can be reached by email at [email protected].
Sincerely yours, Richard L. Huber, Jr.
Compliance Manager Office of Grant Administration RH/ C Mr. Robert Compton, South Georgia RDC Mr. Ray Pridgeon, DCA
Summary of Env. Review Steps
1.
2.
3.
4.
5.
6.
7.
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.
2009 CDBG/CHIP Recipients’ Workshop
Page 22 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
2009 CDBG/CHIP Recipients’ Workshop
Page 23 Environmental Procedures
Sample
Notice of Explanation (For Floodplain and/or Wetland Compliance)
Publication Date: _____________ Notice is hereby given of a determination that there is no practicable alternative to locating in or impacting a (
floodplain and/or wetland
) by the following proposed project:
including funding sources.) (Name, location and brief description, 1. Explain why the proposed project must be located in or impact a floodplain and/or wetland. 2. Provide a description of all significant facts considered in making the determination including alternatives considered (including alternative locations). 3. Provide a statement indicating whether the actions conform to applicable state or local floodplain and/or wetland protection measures. 4. Provide a statement as to the applicability of the National Flood Insurance Program. 5. Provide a description of how the activity will be designed or modified to minimize harm to or within the floodplain and/or wetland. 6. Provide a statement indicating how the action affects natural or beneficial floodplain and/or wetland values.
7.
Provide a listing of other involved agencies, including any applicable regulatory or permitting agencies.
Comments respecting the proposed project may be submitted to
(Name and address of applicant from publication date.)
) no later than
(minimum of 7 days
___________________________________ Name and Address of Applicant ___________________________________ Name and Address of Chief Executive Officer
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)
2009 CDBG/CHIP Recipients’ Workshop
Page 25 Environmental Procedures
Programmatic Agreement
• •
Applicable to all CDBG and CHIP Housing activities Available on DCA Web site
2009 CDBG/CHIP Recipients’ Workshop
Page 26 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
2009 CDBG/CHIP Recipients’ Workshop
Page 27 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]
2009 CDBG/CHIP Recipients’ Workshop
Page 28 Environmental Procedures