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NEPA Environmental Procedure

NEPA Environmental Procedure. September 4, 2014. Pam Truitt, Grants Management Consultant. Why Environmental Review?. Avoid or mitigate impacts that may harm residents Avoid litigation that could halt a project on environmental grounds

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NEPA Environmental Procedure

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  1. NEPA Environmental Procedure • September 4, 2014 Pam Truitt, Grants Management Consultant

  2. Why Environmental Review? • Avoid or mitigate impacts that may harm residents • Avoid litigation that could halt a project on environmental grounds • Avoid monitoring findings and/or loss of CDBG financial assistance to your project • REQUIRED – by Federal Law & Regulation under the National Environmental Policy Act of 1969 (NEPA) and NEPA related laws

  3. Certifying Officer • The Chief Elected Official (CEO) of the jurisdiction assumes responsibility for environmental review • CEO must sign the Finding of No Significant Impact (FONSI) and the Request for Release of Funds/Certification • CEO accepts the jurisdiction of the Federal Courts as the responsible entity in environmental matters for this certification

  4. Steps in the Environmental Review Process • Create the Environmental Review Record • Must be Available to Public • Determine the Level of Environmental Review Required • Complete Environmental Assessment and Compliance with related Laws • Publish Required Notices According to Level of Review

  5. Steps in the Environmental Review Process (cont.) • DCA issues Release of Funds Letter “Removing Environmental Conditions” • Maintain Documentation of Compliance (Including Mitigation) in the Environmental Review Record (ERR)

  6. Process for Environmental Notices • Publish Concurrent Notice (FONSI-NOI/RROF • FONSI: 15 day local comment period • No Earlier then 16th day, submit public notice (proof of publication) and Request for Release of Funds and Certification (RROF/C) to DCA/OCD. • Notice allows for an additional 15 days for public objection of RROF to DCA. This begins when DCA receives the RROF.

  7. Levels of Environmental Review • Four levels of review: • 24 CFR Part 58.34(a) Exempt • 24 CFR Part 58.35 Categorically Excluded • Categorical exclusions SUBJECT to laws and authorities at 24 CFR Part 58.5 • Categorical exclusions NOT subject to laws and authorities at 24 CFR Part 58.5 • 24 CFR Part 58.36 Environmental Assessment • 24 CFR Part 58.37 Environmental Impact Statement

  8. Exempt Activities • Activities which are deemed not to affect the human and/or physical environment (i.e. environmental studies, planning, or administrative activities) • No publication requirements • Document finding in the environmental review record and proceed with project

  9. Categorically Excluded • 2 Classes • 58.35(a) – activities SUBJECT TO other federal laws or authorities • 58.35(b) – activities NOT SUBJECT TO other federal laws or authorities • May Convert to Exempt

  10. Environmental Assessment • Environmental Assessment is required if project activities are not determined to be Exempt or Categorically Excluded • Most CDBG funded projects require an Environmental Assessment

  11. Environmental Assessment • Use current form on DCA Website • Cite Authoritative Sources of Info • See HUD tool • Describe mitigation measure for any identified negative impacts • Evaluate all alternatives • Certifying Officer must sign FONSI

  12. Floodplain and Wetland Regulatory Changes • Prohibition on construction of new structures and facilities in Coastal High Hazard Areas (V Zones) • Structure Examples • Walled or roofed buildings, including mobile homes and gas or liquid storage tanks • Infrastructure Examples • Roads, bridges, and utility lines

  13. Floodplain and Wetland Regulatory Changes (cont.) • Use of Preliminary Flood Maps and Advisory Base Flood Elevations • Provides greater consistency with floodplain management activities across HUD and FEMA programs • Require the use of FEMA preliminary flood maps and advisory base flood elevations, where available • Other Federal, state, or local data may be used as “best available information” IF FEMA information is unavailable or insufficiently detailed

  14. Floodplain and Wetland Regulatory Changes (cont.) • Broadened use of the 5 Step Process for selected actions • Omits Steps 2, 3, and 7 of 8 Step Process • Rehabilitations subject to 5 Step Process • Improvement that is not a substantial improvement • Footprint is not significantly increased in floodplain or wetland • Does not result in 20 percent increase in number of dwellings units or in average peak number of customers and employees • Does not convert a nonresidential to a residential land use

  15. Floodplain and Wetland Regulatory Changes (cont.) • Codification of Wetland Policy • HUD adopts in regulation the procedures of E.O. 11990 • Primary Source of Data • Fish and Wildlife Service-National Wetlands Inventory map • Secondary Source of Data • National Resource Conservation Service’s National Soil Surveys • Any state and local information concerning wetlands

  16. Floodplain and Wetland Regulatory Changes (cont.) • Codification of Wetland Policy Cont. • Wetlands subject to E.O. 11990 requires the 8 Step Process • Adoption of executive order reviews performed by HUD or another responsible entity • May adopt previous floodplain review process performed by another responsible entity or HUD

  17. Floodplain and Wetland Regulatory Changes (cont.) • Individual 404 Permits for Wetlands • Can use individual Section 404 Permits in lieu of performing the first five steps of the 8 Step Process • Only applies to wetlands subject to Section 404 of the Clean Water Act • Must submit the USACE Section 404 permit • Required to follow Steps 6,7, and 8 • Does not apply to USACE process • Must complete 8 Step Process if project is in a floodplain and a wetland

  18. Statutory & Regulatory Structure • National Environmental Policy Act (NEPA) and implementing regulations of the Council on Environmental Quality (40 CFR Parts 1500-1508). • HUD Regulations (24 CFR Part 58). • NEPA-Related Laws and Authorities (List at 24 CFR 58.5).

  19. Environmental Review Regulations24 CFR Part 58 • HUD’s regulation allows local units of government to perform NEPA responsibilities and assume the responsibilities of HUD. • Regulation titled “Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities” • Covered in Chapter 2 of the Recipients’ Manual • Compliance is a General condition of all CDBG Awards.

  20. NEPA-Related Laws/Authorities (10) • National Historic Preservation Act (1966) • Floodplain Management & Wetlands Protection: Executive Orders (1977) • Coastal Zone Management Act of 1972 • Safe Drinking Water Act (1974) • Endangered Species Act (1973) • Wild & Scenic Rivers Act (1968)

  21. NEPA-Related Laws/Authorities • Clean Air Act (1970) • Farmland Protection Policy Act (1981) • HUD Environmental Criteria & Standards • Noise Abatement and Control • Near Explosives or Flammable Sites • Near Airport Runway Protection Zones • Near Toxic Hazards • Environmental Justice E.O. (1994) • Noise Control Act (1972)

  22. Importance of Early Start • Begin environmental review process as soon as possible. • Typical times required to complete review range from 1 to 120 days. • Must be completed by someone competent to do review

  23. Important Tips • Change of scope in project might require additional review. • DON’T SPEND A DIME – until your ER is complete and you have received Release of Funds from DCA • Exception for Admin and Design Costs • When in doubt – contact DCA/CDBG staff!

  24. Do Not Make Choice Limiting Actions! • Do not take ANY action until the environmental review compliance is achieved, including property acquisition

  25. Contacts • Michael Casper 404.679.0594 michael.casper@dca.ga.gov • Pam Truitt 404.679.5240 pam.truitt@dca.ga.gov

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