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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. Environmental Requirements for CDBG and CHIP Compliance.

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Welcome to the COMPLIANCE SESSION

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  1. 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

  2. Environmental Requirements for CDBG and CHIP Compliance Environmental Procedures

  3. 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

  4. 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

  5. ENVIRONMENTAL REVIEW FLOW CHART • Will Help You Determine the ER Requirements for your Project!!!

  6. 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

  7. 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

  8. 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

  9. 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.

  10. 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

  11. The Environmental Assessment • Project have activities not Exempt or C.E.? (like most CDBG projects?) • You must complete Env. Assessment!!! Environmental Procedures

  12. 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

  13. 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

  14. 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

  15. 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

  16. Environmental Procedures

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

  18. 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

  19. 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

  20. 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

  21. 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

  22. ProgrammaticAgreement • Applicable to all CDBG and CHIP Housing activities • Available on DCA Web site Environmental Procedures

  23. 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

  24. 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: rick.huber@dca.ga.gov Environmental Procedures

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