February 2016 | FCDA | (386)322-3787

Newsletter

Environmental 101 Training 2016

HUGE SUCCESS!!

2015-2016 Board of Directors

Valmarie H. Turner, FCDA President

Cheryl Howell, FCDA 1st V.P.

Nancy Jewell, FCDA 2nd V.P.

Dorina Jenkins, FCDA Past-President

Cheryl Amey, FCDA Past-President

LaCree Carswell-FCDA Past President

Kenneth Pinnix, FCDA Past-President

Janet Hamer, FCDA Past-President

Felicia Crosby-Rucker, FCDA Board

Nancy Dresser, FCDA Board

Annie Gibson, FCDA Board

Celestia McCloud, FCDA Board

R.T. Hillery, FCDA Board

Octavia Sherrod, FCDA Board

Vanessa McCleary, FCDA Board

Vickki Placide, FCDA Board

Marci Irwin, FCDA Board

Aileen Pruitt, FCDA Board

Mildred Reynolds, FCDA Board

Yvette Lopez, FCDA Board

Giovanni Moss, FCDA Board

Emory M. Counts, Executive Director/

Secretary/ Treasurer

On February 5, 2016, FCDA partnered with Seminole County Government to sponsor its first ENVIRONMENTAL 101 TRAINING WORKSHOP. About 75 attendees learned more about the various components and fine nuances of the environmental review process. Lake County’s Cheryl Howell was excellent as the ER Trainer, she went patiently through the regulations and several handouts but then added insightful comments, questions and answers to “hammer home” some of the more important points [see (left-side of Newsletter to download some of the ER Workshop handouts] Some of the topics discussed included: Basics of a Part 58 Environmental Review for HUD-Assisted Projects; Site Planning and Feasibility; Historic Preservation and HUD; and Noise Assessment. HUD participated too via “Live Meeting” to talk about the HUD Environmental Review Online System (HEROS). HEROS is an online system for developing, documenting, and managing environmental reviews; and includes on-screen guidance.

FCDA President, Valmarie Turner welcomed persons to the Workshop and introduced special guests. Exec. Director Emory Counts talked briefly about FCDA Membership and the upcoming 2016 Annual Training Meeting to be held in Lake Mary FL July 27-29.

February/March 2016 Issue 2 1

2B3Daytona Beach, FL

2

This project began with the donation of land from Consolidated Tomoka Land Company (CTLD) in 1997 and a vision by the City and the company’s President to create a significant Affordable Housing opportunity. As luck would have it Fort McCauley Construction was doing other site work in the City and was convinced to donate the road and utilities infrastructure. Our three nonprofit partners were each allowed 7 lots in the development with Habitat getting an extra 2 by CTLD. The development was publicly advertised as open for buyers but there was very little movement since buyers could not get first mortgages. Banks had discontinued “construction perm” financing which hurt many of the smaller contractors working in CD programs. Construction perm is a financing tool that allows contractors to be draw funds on the house being built upon documenting the achievement of certain agreed upon milestones. For example, one third the cost for the contractor to buy materials and get started, then next third when 2/3 finished, an amount up to 90% of the total to facilitate the project, and the final amount when a CO was issued.

After the housing bubble burst hardly anyone could get bank financing even relatively well-to-do households. One of the clients didn’t have bad credit just not enough credit and was rejected five times by various banks. This is even more incredible when you consider that the cost of the house was $92,000.00, and even though the purchase was supported by $70,000 in City funding the banks would not finance $22,000. Finally, the contractor decided to float the $22,000 mortgage over a five-year period. This model continues today but is employed fewer times. It’s a great deal for clients since the interest rate is lower than conventional but the contractor doesn’t want to overextend.

Presently, the banking climate has improved, several clients have gotten first mortgages and Flomich Woods is one-house away from complete “build-out”.

Completing Flomich Woods, like so many other Affordable Housing Subdivisions across the state, was an up-hill battle to the finish. We are glad that the City of Daytona Beach never gave up on its vision and continued to fight for nearly 2 decades to win this very important battle to create significant Affordable Housing opportunities for a number of deserving households.

The City of Daytona

Beach

The mission of the

Community Development

Division is to provide a

suitable living environment;

decent, safe, sanitary,

affordable and workforce

housing; and economic

opportunities primarily for

low-income individuals and

in low-income

neighborhoods.

Flomich Woods Subdivision

3

The President just released his FY 2017 budget and,

as in past years, the proposed funding level for CDBG is

$2.8 billion, a cut of $200 million below the FY 2016 level

of $3.0 billion. As in past years, the President's budget

proposes legislative changes to the CDBG program that

include the reduction of the number of small entitlements,

targeting program funds to the areas of greatest need, and

focusing on regional collaboration. None of the proposals are

detailed in the budget document. NCDA is opposed to any

proposal that would strip funding from small communities

and reduce grantee allocations.

The President's budget provides $950 million for

HOME, level funding from last year. In good news, the

budget proposes a statutory change to the HOME program

that would eliminate the 24-month commitment requirement

and eliminate the 15 percent CHDO set-aside. These two

requirements have hamstrung the program and elimination of

both will make it much easier for PJs to administer HOME

funds. NCDA will support these changes on the Hill. In

disappointing news, the budget proposes a $500,000

minimum threshold in the HOME program. PJs that fall

below this minimum threshold three out of five years will be

ineligible for direct formula funds. NCDA opposes this

change.

The budget is DOA with Congressional Republicans.

The House Budget Committee announced that it will develop

its own budget and will not even hold hearings on the

President's budget this year. House Speaker Paul Ryan is

working on a national poverty plan that would target a

portion of non-defense spending to areas with the highest

poverty levels and is working to get the support of

Democratic lawmakers.

NCDA, and the CDBG Coalition, will meet

tomorrow to map out a strategy for increasing CDBG

funding in FY 2017 (likewise, we will do the same for

HOME working through the HOME Coalition). We will

need your participation in the strategy and will call upon you

in the next several weeks on several fronts. Please be ready

to reach out to your Congressional Members to engage them

on your local CDBG and HOME programs.

Thanks,

Vicki Watson,

Executive Director

National Community Development Association

National Community

Development Association

NCDA is a national nonprofit

organization comprised of more

than 300 local governments across

the country that administer

federally-supported community and

economic development, housing and

human service programs, including

programs of the U.S. Department of

Housing and Urban Development

(HUD), Community Development

Block Grant (CDBG), and the

HOME Investment Partnerships

(HOME) programs. Since 1968,

NCDA has been at the forefront in

securing effective and responsive

housing and community

development programs for local

governments. The Association

provides timely, direct information

and technical support to its members

on federal housing and community

development programs.

Letter from National Community Development

Association

FCDA

1515 Herbert, Suite 213

Port Orange, FL 32129

(386)322-3787

(386)322-3767

"Years of Building Strong

Florida Communities”

Find us on the Web:

www.fcda-online.org

Email: admin@fcda-online.org

County Spotlight: Seminole County

Seminole County is located in the East Central Region. More than 440,000 people call

Seminole County home. Seminole County has a business climate that fosters growth and

quality development. Industry sector growth in the county has taken several forms. Most

notable is the location of several corporate headquarters such as AAA, Axium Healthcare

Pharmacy, Mitsubishi Power Systems, Remington Administrative Services, Scholastic Book

Fairs, Sears Home Improvement Products, and The Newport Group. There has also been an

emergence of many high tech companies like Convergys, Faro, NCR, SAP, SunGard Public

Sector, Symantec and Team Cymru.

The county’s public school system has been rated the best in the state and among the

top 100 nationally; Seminole State College comes in at #19 among the top 100 community

colleges in the U.S. for associate degrees in liberal arts and sciences. The median household

income is the highest in the region and fourth highest in Florida. This community is not only

well prepared to do business with business, but is also renowned for beautiful neighborhoods

and abundant natural beauty. Two cities within the county have been ranked among

CNN/Money Magazine’s ‘Top 100 Best Places to Live’.

http://www.seminolecountyfl.gov/core/fileparse.php/3221/urlt/seminole-20county-20data-20sheet1.pdf

4

Click map for more Seminole County Information.

Environmental Assessment Determinations and Compliance Findings for HUD-assisted Projects

24 CFR Part 58

Project Information Project Name: Responsible Entity: Grant Recipient (if different than Responsible Entity): State/Local Identifier: Preparer: Certifying Officer Name and Title: Grant Recipient (if different than Responsible Entity): Consultant (if applicable): Direct Comments to:

Project Location: Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Statement of Purpose and Need for the Proposal [40 CFR 1508.9(b)]: Existing Conditions and Trends [24 CFR 58.40(a)]: Funding Information Grant Number HUD Program Funding Amount

Estimated Total HUD Funded Amount: Estimated Total Project Cost (HUD and non-HUD funds) [24 CFR 58.32(d)]:

Compliance with 24 CFR 50.4, 58.5, and 58.6 Laws and Authorities Record below the compliance or conformance determinations for each statute, executive order, or regulation. Provide credible, traceable, and supportive source documentation for each authority. Where applicable, complete the necessary reviews or consultations and obtain or note applicable permits of approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional documentation as appropriate. Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24

Are formal compliance

steps or

Compliance determinations

CFR §58.5 and §58.6 mitigation required?

STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 and 58.6 Airport Hazards

24 CFR Part 51 Subpart D

Yes No

Coastal Barrier Resources

Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]

Yes No

Flood Insurance

Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]

Yes No

STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.5 Clean Air

Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93

Yes No

Coastal Zone Management

Coastal Zone Management Act, sections 307(c) & (d)

Yes No

Contamination and Toxic Substances

24 CFR Part 50.3(i) & 58.5(i)(2)

Yes No

Endangered Species

Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402

Yes No

Explosive and Flammable Hazards

24 CFR Part 51 Subpart C

Yes No

Farmlands Protection

Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658

Yes No

Floodplain Management

Executive Order 11988, particularly section 2(a); 24 CFR Part 55

Yes No

Historic Preservation

National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800

Yes No

Noise Abatement and Control

Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B

Yes No

Sole Source Aquifers

Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149

Yes No

Wetlands Protection

Executive Order 11990, particularly sections 2 and 5

Yes No

Wild and Scenic Rivers

Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c)

Yes No

ENVIRONMENTAL JUSTICE Environmental Justice

Executive Order 12898

Yes No

Environmental Assessment Factors [24 CFR 58.40; Ref. 40 CFR 1508.8 &1508.27] Recorded below is the qualitative and quantitative significance of the effects of the proposal on the character, features and resources of the project area. Each factor has been evaluated and documented, as appropriate and in proportion to its relevance to the proposed action. Verifiable source documentation has been provided and described in support of each determination, as appropriate. Credible, traceable and

supportive source documentation for each authority has been provided. Where applicable, the necessary reviews or consultations have been completed and applicable permits of approvals have been obtained or noted. Citations, dates/names/titles of contacts, and page references are clear. Additional documentation is attached, as appropriate. All conditions, attenuation or mitigation measures have been clearly identified. Impact Codes: Use an impact code from the following list to make the determination of impact for each factor. (1) Minor beneficial impact (2) No impact anticipated (3) Minor Adverse Impact – May require mitigation (4) Significant or potentially significant impact requiring avoidance or modification which may require an Environmental Impact Statement

Environmental Assessment Factor

Impact Code

Impact Evaluation

LAND DEVELOPMENT Conformance with Plans / Compatible Land Use and Zoning / Scale and Urban Design

Soil Suitability/ Slope/ Erosion/ Drainage/ Storm Water Runoff

Hazards and Nuisances including Site Safety and Noise

Energy Consumption

Environmental

Assessment Factor Impact Code

Impact Evaluation

SOCIOECONOMIC Employment and Income Patterns

Demographic Character Changes, Displacement

Environmental

Assessment Factor Impact Code

Impact Evaluation

COMMUNITY FACILITIES AND SERVICES Educational and

Cultural Facilities Commercial Facilities

Health Care and Social Services

Solid Waste Disposal / Recycling

Waste Water / Sanitary Sewers

Water Supply

Public Safety - Police, Fire and Emergency Medical

Parks, Open Space and Recreation

Transportation and Accessibility

Environmental Assessment Factor

Impact Code

Impact Evaluation

NATURAL FEATURES Unique Natural Features, Water Resources

Vegetation, Wildlife

Other Factors

Additional Studies Performed: Field Inspection (Date and completed by):

List of Sources, Agencies and Persons Consulted [40 CFR 1508.9(b)]: List of Permits Obtained: Public Outreach [24 CFR 50.23 & 58.43]: Cumulative Impact Analysis [24 CFR 58.32]: Alternatives [24 CFR 58.40(e); 40 CFR 1508.9] No Action Alternative [24 CFR 58.40(e)]:

Summary of Findings and Conclusions: Mitigation Measures and Conditions [40 CFR 1505.2(c)] Summarize below all mitigation measures adopted by the Responsible Entity to reduce, avoid, or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements, and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan.

Law, Authority, or Factor

Mitigation Measure

Determination:

Finding of No Significant Impact [24 CFR 58.40(g)(1); 40 CFR 1508.27] The project will not result in a significant impact on the quality of the human environment.

Finding of Significant Impact [24 CFR 58.40(g)(2); 40 CFR 1508.27]

The project may significantly affect the quality of the human environment. Preparer Signature: __________________________________________Date:________ Name/Title/Organization: __________________________________________________ ________________________________________________________________________ Certifying Officer Signature: ___________________________________Date:________ Name/Title: ______________________________________________________________ This original, signed document and related supporting material must be retained on file by the Responsible Entity in an Environmental Review Record (ERR) for the activity/project (ref: 24 CFR Part 58.38) and in accordance with recordkeeping requirements for the HUD program(s).

Environmental Review for Activity/Project that is Exempt or

Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR Part 58.34(a) and 58.35(b)

Project Information Project Name: Responsible Entity: Grant Recipient (if different than Responsible Entity): State/Local Identifier: Preparer: Certifying Officer Name and Title: Consultant (if applicable): Project Location: Description of the Proposed Project [24 CFR 58.32; 40 CFR 1508.25]: Level of Environmental Review Determination:

Activity/Project is Exempt per 24 CFR 58.34(a): ________________________________

Activity/Project is Categorically Excluded Not Subject To §58.5 per 24 CFR 58.35(b): ____________________ Funding Information Grant Number HUD Program Funding Amount

Estimated Total HUD Funded Amount: This project anticipates the use of funds or assistance from another Federal agency in addition to HUD in the form of (if applicable): Estimated Total Project Cost (HUD and non-HUD funds) [24 CFR 58.32(d)]:

Compliance with 24 CFR §50.4 and §58.6 Laws and Authorities Record below the compliance or conformance determinations for each statute, executive order, or regulation. Provide credible, traceable, and supportive source documentation for each authority. Where applicable, complete the necessary reviews or consultations and obtain or note applicable permits of approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional documentation as appropriate. Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR 50.4 and 58.6

Are formal compliance

steps or mitigation required?

Compliance determinations

STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §58.6 Airport Runway Clear Zones and Accident Potential Zones

24 CFR Part 51 Subpart D

Yes No

Coastal Barrier Resources

Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]

Yes No

Flood Insurance

Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]

Yes No

Mitigation Measures and Conditions [40 CFR 1505.2(c)] Summarize below all mitigation measures adopted by the Responsible Entity to reduce, avoid, or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with

the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements, and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law, Authority, or Factor

Mitigation Measure

Preparer Signature: __________________________________________Date:________ Name/Title/Organization: __________________________________________________ Responsible Entity Agency Official Signature: __________________________________________________________Date:________ Name/Title: _____________________________________________________________ This original, signed document and related supporting material must be retained on file by the Responsible Entity in an Environmental Review Record (ERR) for the activity/project (ref: 24 CFR Part 58.38) and in accordance with recordkeeping requirements for the HUD program(s).

Environmental Procedures Manual Page 1 of 2 FONSI NOI/RROF – Attachment T January, 2006

SAMPLE COMBINED NOTICE OF FINDING OF NO SIGNIFICANT

IMPACT AND INTENT TO REQUEST RELEASE OF FUNDS (Date of Notice) (Name of Responsible Entity [RE]) (Address) (City, State, Zip Code) (Telephone Number of RE Preparer Agency) This Notice shall satisfy the above-cited two separate but related procedural notification requirements.

REQUEST FOR RELEASE OF FUNDS On or about (at least one day after the end of the comment period) the (name of RE) will [if the RE is not also the grantee insert the following language here--"authorize the (name of grantee) to"] submit a request to the (HUD/state administering agency) for the release of (name of grant program) funds under [Title/Section ( )] of the (name of the Act) of (date of Act), as amended, to undertake a project known as (project title), for the purpose of (nature/scope of project, and project address/location if applicable).

FINDING OF NO SIGNIFICANT IMPACT The (name of RE) has determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at (name and address of RE office where err can be examined and name and address of other locations where the record is available for review) and may be examined or copied weekdays ( ) A.M. to ( ) P.M.

PUBLIC COMMENTS Any individual, group, or agency disagreeing with this determination or wishing to comment on the project may submit written comments to the (RE designated office responsible for receiving and responding to comments). All comments received by (if notice published: notice date plus fifteen days--if notice posted: posting date plus eighteen days) will be considered by the (name of RE) prior to authorizing submission of a request for release of funds. Commentors should specify which part of this Notice they are addressing.

Environmental Procedures Manual Page 1 of 2 FONSI NOI/RROF – Attachment T January, 2006

RELEASE OF FUNDS The (name of RE) certifies to (HUD/state) that (name of certifying officer) in (his/her) capacity as (official title) consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. (HUD's/state's) approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the (name of grantee) to use Program funds.

OBJECTIONS TO RELEASE OF FUNDS

(HUD/state) will consider objections to its release of funds and the (RE's name) certification received by (anticipated date of HUD/state receipt of rrof/c plus fifteen days) or a period of fifteen days from its receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer or other officer of the (name of RE) approved by (HUD/state); (b) the (RE) has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient or other participants in the project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by (HUD/state); or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to (HUD/state grant administration office) at (address of that office). Potential objectors should contact (HUD/state) to verify the actual last day of the objection period. (name and title of RE certifying officer)

Environmental Procedures Manual Page 1 of 2 FONSI NOI/RROF – Attachment T January, 2006

Environmental Form 9  

Revised – July 2011

Sample Notice of Finding of No Significant Impact (printed on grantee letterhead)

(Date of Notice) (Name of Responsibly Party) (Address) (City, State, Zip Code) (Telephone Number) TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS: The (Applicant) is giv ing notice that it has made a Finding of No Significant Impact for the following project: Project Title or Name: (Name of Project) Purpose or Nature of Project: (Description of the Project) Location of Project: (Street Address or Name of Neighborhood/District, City State) Estimated Cost of Project: ($xxx,xxx.xx) Funding Source: (List Federal Agency and Other Funding Sources) Project Summary: (List activities, unless included above under the purpose of the project.) An environmental assessment for th is project has been made by the ( Applicant) and is available for public examination and c opying on weekdays between ( xx:xx)AM and (xx:xx)PM at ( Name and Address of Applicant office where the environmental review record can be examined and the Name and Address of other locations where the assessment is available for review). Bas ed on this assessment the ( Applicant) has determined that the project will not signif icantly affect the quality of the human environment and, hence, an en vironmental impact st atement will not be undertaken under the National Environmental Policy Act of 1969 (P.L. 91-910). All interested agencies, groups and persons disagreeing with this decision are invited to submit written comments fo r consideration t o the ( Applicant, Name and Address of the designated office responsible for receiving and responding to comments). Such written comments should be received at the address specified on or bef ore (Day of published notice PLUS 15 days). All such comments receiv ed will be considered, and the (Applicant) will not take any administrative action on the project prior to the expiration of the comment period.

Environmental Form 9  

Revised – July 2011

Objections to Conditions Release

The State will accept an objection to its approval only if it is on one of the following basis: (a) that the certificati on was not in fact executed by t he certifying officer or other officer of applicant approved by the State; or (b) that the applicant’s environmental review rec ord for the project indic ated omission of a required review process. Objections must be prepared and submitted in accordance with the required procedure (24 CFR Part 58) and may be addressed to the State of Indiana, Indiana Office of Community and Rural Affairs, Environmental Officer, One North Capitol, Suite 600, Indianapolis, IN 46204-2288. Objections to the release on bas is other than those stated above will not be considered by the State. No objections received after ( Day after local comment period plus 15 days) will be considered by the State. Name of the Applicant’s CEO Title of Certifying Officer Name of Applicant

Environmental Procedures Manual Page 1 of 2 Sample NOI/RROF - Attachment M January, 2006

SAMPLE NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

(Date of Notice) (Name of Responsible Entity [RE]) (Address) (City, State, Zip Code) (Telephone Number of RE Preparer Agency)

On or about (at least one day after the end of the comment period) the (name of RE) will [if the re is not also the grantee insert the following language here--"authorize the (name of grantee) to"] submit a request to the (HUD/state administering agency) for the release of (name of grant program) funds under [title/section ( )] of the (name of the Act) of (date of Act), as amended, to undertake a project known as (project title), for the purpose of (nature/scope of project, and project address/location if applicable).

The activities proposed [Alternative #1: are categorically excluded under HUD

regulations at 24 CFR Part 58 from National Environmental Policy Act requirements--Alternative #2: comprise a project for which a finding of no significant impact on the environment was (published/posted) on (date of finding publication or posting)]. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at (name and address of RE office where ERR can be examined and name and address of other locations where the record is available for review) and may be examined or copied weekdays ( ) A.M. to ( ) P.M.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the (RE designated office responsible for receiving and responding to comments). All comments received by (if notice is published: notice date plus seven days--if notice is posted: posting date plus ten days) will be considered by the (name of RE) prior to authorizing submission of a request for release of funds.

RELEASE OF FUNDS

The (name of RE) certifies to (HUD/state) that (name of certifying officer) in (his/her) capacity as (official title) consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. (HUD's/state's) approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the (name of grantee) to use Program funds.

Environmental Procedures Manual Page 1 of 2 Sample NOI/RROF - Attachment M January, 2006

OBJECTIONS TO RELEASE OF FUNDS (HUD/state) will consider objections to its release of funds and the (RE's name)

certification received by (anticipated date of HUD/state receipt of RROF/c plus fifteen days) or for a period of fifteen days following its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the (name of RE); (b) the (RE) has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient or other participants in the project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by (HUD/state); or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to (HUD/state grant administration office) at (address of that office). Potential objectors should contact (HUD/state) to verify the actual last day of the objection period.

(name and title of re certifying officer)

U.S. Department of Housing and Urban Development

451 Seventh Street, SW Washington, DC 20410 www.hud.govespanol.hud.gov

Environmental Review for Activity/Project that is Categorically

Excluded Subject to Section 58.5 Pursuant to 24 CFR 58.35(a)

Project Information Project Name: Responsible Entity: Grant Recipient (if different than Responsible Entity): State/Local Identifier: Preparer: Certifying Officer Name and Title: Grant Recipient (if different than Responsible Entity): Consultant (if applicable): Direct Comments to: Project Location: Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Level of Environmental Review Determination: Categorically Excluded per 24 CFR 58.35(a), and subject to laws and authorities at §58.5:______________________________________________________________

Funding Information Grant Number HUD Program Funding Amount

Estimated Total HUD Funded Amount: Estimated Total Project Cost (HUD and non-HUD funds) [24 CFR 58.32(d)]:

Compliance with 24 CFR 50.4, 58.5, and 58.6 Laws and Authorities Record below the compliance or conformance determinations for each statute, executive order, or regulation. Provide credible, traceable, and supportive source documentation for each authority. Where applicable, complete the necessary reviews or consultations and obtain or note applicable permits of approvals. Clearly note citations, dates/names/titles of contacts, and page references. Attach additional documentation as appropriate. Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §58.5 and §58.6

Are formal compliance

steps or mitigation required?

Compliance determinations

STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.6 Airport Hazards

24 CFR Part 51 Subpart D

Yes No

Coastal Barrier Resources

Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]

Yes No

Flood Insurance

Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]

Yes No

STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.5 Clean Air

Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93

Yes No

Coastal Zone Management

Coastal Zone Management Act, sections 307(c) & (d)

Yes No

Contamination and Toxic Substances

24 CFR Part 50.3(i) & 58.5(i)(2)

Yes No

Endangered Species

Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402

Yes No

Explosive and Flammable Hazards

24 CFR Part 51 Subpart C

Yes No

Farmlands Protection

Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658

Yes No

Floodplain Management

Executive Order 11988, particularly section 2(a); 24 CFR Part 55

Yes No

Historic Preservation

National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800

Yes No

Noise Abatement and Control

Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B

Yes No

Sole Source Aquifers Yes No

Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149

Wetlands Protection

Executive Order 11990, particularly sections 2 and 5

Yes No

Wild and Scenic Rivers

Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c)

Yes No

ENVIRONMENTAL JUSTICE Environmental Justice

Executive Order 12898

Yes No

Field Inspection (Date and completed by): Summary of Findings and Conclusions: Mitigation Measures and Conditions [40 CFR 1505.2(c)] Summarize below all mitigation measures adopted by the Responsible Entity to reduce, avoid, or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements, and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law, Authority, or Factor

Mitigation Measure

Determination:

This categorically excluded activity/project converts to EXEMPT per Section 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities,

nor requires any formal permit or license; Funds may be committed and drawn down after certification of this part for this (now) EXEMPT project; OR

This categorically excluded activity/project cannot convert to Exempt status because one or more statutes or authorities listed at Section 58.5 requires formal consultation or mitigation. Complete consultation/mitigation protocol requirements, publish NOI/RROF and obtain “Authority to Use Grant Funds” (HUD 7015.16) per Section 58.70 and 58.71 before committing or drawing down any funds; OR

This project is not categorically excluded OR, if originally categorically excluded, is now subject to a full Environmental Assessment according to Part 58 Subpart E due to extraordinary circumstances (Section 58.35(c)).

Preparer Signature: __________________________________________Date:_________ Name/Title/Organization: __________________________________________________ ________________________________________________________________________ Responsible Entity Agency Official Signature: ____________________________________________________________Date:________ Name/Title: ______________________________________________________________ This original, signed document and related supporting material must be retained on file by the Responsible Entity in an Environmental Review Record (ERR) for the activity/project (ref: 24 CFR Part 58.38) and in accordance with recordkeeping requirements for the HUD program(s).

State of Connecticut Department of Housing

Community Development Block Grant – Disaster Recovery Program “Hurricane Sandy”

StatutoryChecklistforCompliancewith24CFR§58.5–NEPARelatedFederalLawsandAuthorities

(Must be completed for each individual addressed included under overall project description)

Use this worksheet for projects that are Categorically Excluded Subject to 24 CFR §58.5 listed at 24 CFR §58.35(a) and for projects that require an Environmental Assessment. Project Name: Property of Susan Ranalli – 30 Minor Road, East Haven __________________________ _ ERR FILE # ______Application Number 5040 ____________ ________________________ Definitions: A: The project is in compliance. B: The project requires an additional compliance step or action.

Statute, Authority, Executive Order Cited at 24 CFR §58.5

A B COMPLIANCE FINDING SOURCE DOCUMENTATION

1. 58.5(a) Historic Properties [36 CFR 800] A

The proposes activities will have no effect on the State’s cultural resources

Determination letter from SHPO, dated July 18, 2014

2. 58.5(b)(1) Floodplain Management [24 CFR 55, Executive Order 11988]

B

DOH has conducted 8-step analysis. Site in AE flood plain. Project will consist of demolition of existing building and construction of timber piles and a new building that is 2-feet above BFE. Construction activities to be included in construction scope of work.

NFIP FIRM Map 09009C0557J A copy of the map with project location depicted is attached.

3. 58.5(b)(2) Wetland Protection [24 CFR 55, Executive Order 11990]

B

DOH has conducted 8-step analysis. A portion of the property parcel is located within a state wetland. Project will consist of demolition of existing building and construction of timber piles and a new building that is 2-feet above BFE. Construction activities to be included in construction scope of work. Obtaining local wetland approvals, if necessary, will be included within construction Scope of Work.

A portion of the property parcel is located within a state wetland. USGS Wetland map, EDR NEPACheck report and EDR Radius Map

4. 58.5(c) Coastal Zone Management [Coastal Zone Management Act sections 307(c) & (d)]

B

Project is located within Coastal Management Zone. Coastal Area Management review will be required. Review to be conducted as part of construction scope of work. No construction will be conducted until local approval is obtained.

Town of East Haven Coastal Area Management Program. http://cteco.uconn.edu/map_catalog/maps/town/Coastal_Boundary/cstlbnd_EAST_HAVEN.pdf A copy of the map depicting the location of the property is attached.

5. 58.5(d) Sole Source Aquifers [40 CFR 149]

A

The property is not located within a sole source aquifer area. Site utilizes municipal sewer and water.

EPA Region 1 http://www.epa.gov/region1/eco/drinkwater/pc_solesource_aquifer.html A copy of the GNHWPCA service area map with project location depicted is attached

6. 58.5(e) Endangered Species [50 CFR 402]

A

The project location is not located within a Natural Diversity area. The project location does not contain waterfront property with a Sandy beach.

http://www.depdata.ct.gov/naturalresources/endangeredspecies/nddbpdfs.asp?nddbsel=44 A copy of the map with project location depicted is attached.

7. 58.5(f) Wild and Scenic Rivers [36 CFR 297]

A

Project location is not within one mile of Eight Mile River (only designated wild and scenic river within program area)

Mapping obtained from http://www.rivers.gov/maps/conus.php

8. 58.5(g) Air Quality [40 CFR parts 6, 51,61, 93]

A

Project on existing developed site and should not substantially affect the CT SIP due to the implementation of standard BMPs. Project consists of residential construction with no anticipated quantifiable increase in air pollution.

http://www.epa.gov/region1/topics/air/sips/sips_ct.html

9. 58.5(h) Farmland Protection [7 CFR 658] A

Property does not include prime or unique farmland.

http://websoilsurvey.sc.egov.usda.gov

10. 58.5(i)(1) Noise Control and Abatement [24 CFR 51B] A

Project is not located within the 65 decibel zone of Tweed Airport.

Tweed New Haven Airport Master Plan

11. 58.5 (i) (1) Explosive and Flammable Operations [24 CFR 51C]

A

Mitigation will not result in an increase to residential density of the property.

Rehabilitation work that does not alter the number dwelling units or a change of land use is not subject to Acceptable Separation Distance (ASD) requirements for HUD

12. 58.5(i)(1) Airport Hazards (Runway Clear Zones and Clear Zones/Accident Potential Zones) [24 CFR 51D]

A

Mitigation will not result in an increase to residential density of the property nor is the property located within an airport clear zone.

Tweed-New Haven Airport Runway Protection Zone maps are attached

13. 58.5(i)(2)(i-iv) Contamination and Toxic Substances [24 CFR 58.5(i)(2)] A

No hazard which could affect the health and safety of occupants or conflict with the intended utilization of the property was identified

Opinion of preparer who is a qualified environmental professional

14. 58.5(j) Environmental Justice [Executive Order 12898]

A

The project is not located in predominantly minority and low income census block area according to EJ Mapping. The project will not create high and adverse human health and environmental effects.

http://www.ct.gov/deep/lib/deep/environmental_justice/maps/east_haven.pdf

A copy of the map depicting the site location is attached

15 A. Flood Insurance [58.6(a) & (b)]

B

Per federal regulations and OORR program guidelines the homeowner will need to provide proof of flood insurance policy prior to construction. Homeowners are required to maintain flood insurance for not less than 5 years from the date of assistance.

Community Development Block Grant – Disaster Recovery (CDBG-DR) Owner Occupied Rehabilitation and Rebuilding Program guideline requirements

15 B. Coastal Barriers [58.6(c)]

A

Town of East Haven does not contain any coastal barrier resources

Connecticut Map of Coastal Barrier Resources System. A copy of the map depicting the site location is attached.

16. A Solid Waste Disposal [42 U.S.C. S3251 et seq.] and [42 U.S.C. 6901-6987 eq seq.]

A

Activities are limited to existing building footprint. Town of East Haven provides weekly curbside pickup of refuse for all 1 to 3 family homes

http://www.townofeasthavenct.org/public_refuse.shtml

16 B. Fish and Wildlife [U.S.C. 661-666c]

A

Project will not involve the impounding, diverting, channelizing or modification of any steam or body of water

Mitigation information obtained from Initial property Inspection report

16 C. Lead-Based Paint [24 CFR Part 35] and [40 CFR 745.80 Subpart E] B

Lead based paint (LBP) was identified at the property. See Limited Hazardous Materials Inspection Report for results and discussion.

Limited Hazardous Materials Inspection Report. A copy of the report is attached.

16 D. Asbestos

B

Asbestos containing material was identified at the property. See Limited Hazardous Materials Inspection Report for results and discussion.

Limited Hazardous Materials Inspection Report. A copy of the report is attached.

16 E. Radon [50.3 (i) 1]

A

Radon was not identified within living spaces at concentrations exceeding EPA recommended guidelines.

Limited Hazardous Materials Inspection Report. A copy of the report is attached.

16 F. Mold

A

No suspected mold growth was visually identified on accessible/visible building materials observed within the residence at the time and date of the inspection.

Limited Hazardous Materials Inspection Report. A copy of the report is attached.

Other: State or Local 17 A. Flood Management Certification [CGS 25-68]

B

Property within an AE Flood Zone. Certification though the General Permit for CDBG-DR activities with CTDEEP is required

FEMA Map 09009C0557J See Appendix C for Certification form and attached application documentation

17 B. Structures, Dredging & Fill Act [CGS 22a-359 through 22a-363f]

A Project is not located waterward of coastal jurisdiction line

Office of Long Island Sound Programs Coastal Jurisdiction Line Elevations

17 C. Tidal Wetlands Act [CGS 22a-28 through 22a-35]

B

Project is located within a 1970 mapped tidal wetland. Obtaining local wetland approvals, if necessary, will be included within construction Scope of Work.

USGS Wetland map, CT DEEP Tidal Wetlands Mapping, EDR NEPACheck report and EDR Radius Map

17 D. Local inland wetlands/watercourses [CGS 22a-42]

B

A portion of the property parcel is located within a town wetland. Obtaining local wetland approvals, if necessary, will be included within construction Scope of Work.

Town of East Haven inland wetlands areas do not differ from DEEP identified wetlands

17 E. Various Municipal Zoning Approvals

B

Obtaining any local zoning approvals to conduct mitigation efforts will be included within the construction scope of work

Zoning Regulations of the town of east haven