Natural Review Process for Responsible Entities .


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Ecological Audit Process for Dependable Elements. 24 CFR Section 58. Moderators. Danielle Schopp, Office of Environment and Vitality Joe Devlin, Office of General Insight. Why? . They guarantee a quality venture by:
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Natural Review Process for Responsible Entities 24 CFR Part 58

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Presenters Danielle Schopp, Office of Environment and Energy Joe Devlin, Office of General Counsel

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Why? They guarantee a quality venture by: – Assuring a sheltered, nice and sterile environment for individuals involving or dwelling there – Taking effects on nature into record – Ensuring the venture site is reasonable for the movement being proposed They avert time postponements and cost overwhelms that may some way or another happen due to obscure ecological conditions

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National Environmental Policy Act 1969 NEPA: Protect, Restore and Enhance the Human Environment

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Environmental Study Public Document Ensures that envt\'l data is accessible to general society BEFORE choices are made and BEFORE moves are made Helps open authorities settle on choices with a comprehension of ecological outcomes NEPA

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24 CFR Part 58 Procedure for REs 24 CFR Part 51 Noise & Hazards 24 CFR Part 55 Floodplains HUD Environmental Regulations

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HUD natural survey – Part 58 Chief Elected Official of the ward accepts accountability for natural audit and should sign the Request for Release of Funds and Certification (58.10, 58.13) Chief Elected Official acknowledges the locale of the Federal Courts for the dependable element for the ecological survey (58.13(a))

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Historic Preservation Act Floodplain Management & Wetlands Protection: Executive Orders Coastal Zone Management Act Safe Drinking Water Act Endangered Species Act Wild & Scenic Rivers Act Clean Air Act Environmental Justice: Executive Order Aquifers Farmland Protection Act HUD Environmental Criteria & Standards Noise Abatement and Control Near Explosives or Flammable Sites Near Airport Runway Protection Zones Toxic Hazards Laws and Authorities 58.5

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Historic Preservation Floodplain & Wetlands Laws and Authorities 58.5

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Flood Insurance When do you require it? On the off chance that venture is situated inside a Special Flood Hazard Area – 100 year FP How much scope? For credits – exceptional primary adjust of the advances For awards – equivalent to the improvement or venture cost (less evaluated arrive cost, assuming any) or to the most extreme point of confinement of scope made accessible by the Act Laws and Authorities 58.6 OTHER

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Laws and Authorities 58.6 OTHER Coastal Barriers Clear Zones

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Define the venture Aggregate exercises Study Alternatives Determine Level of Review Conduct Review Publish or Post When required Request Release of Funds (RROF) Receive Authority To Use Grant Funds Commit Funds and Implement Project Monitor Mitigation Steps

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Environmental Review Process and Restrictions Once candidate applies for HUD help, the venture gets to be "government" and HUD\'s limitations at §58.22 apply. §58.22 forbids beneficiary and some other accomplices in the advancement procedure from submitting or exhausting HUD or non-HUD supports on the venture if the movement would have an unfriendly ecological effect or farthest point the decision of sensible options

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Commitment of Funds are conferred when: Sign a legitimately restricting Contract

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Choice Limiting Actions Must administer activities of sub-beneficiary Choice-constraining activities will lessen or take out your chance to pick choices Examples: property procurement, renting, annihilation, recovery, development and site upgrades (counting site leeway)

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Commitment of Funds 24 CFR 58.22 Conditional Commitment Subject to the ER & any alleviating conditions See HOME Program Notice 01-11 Section IV Item C Legally Binding Document Must avoid development by 3 rd party before RROF Option assentions are permitted

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Commitment of Funds Notice to outsider 24 CFR Part 58.22(a) and (c) Upon receipt of the Application the State must: tell candidates in composing no decision restricting activities preceding accepting HUD 7015.16

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Identify the Project What is the extension? What Activities will be incorporated? What is the area? Get Maps Planning Area Map Wetlands Map Floodplain Map Historical Districts Map

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Identify the Project: Aggregation 24 CFR 58.32 Local grantees must gathering together and assess, as a solitary venture, all individual exercises that are connected either geologically, practically, or are sensible parts of a composite of mulled over activities In tasks with different or gatherings of exercises, the natural audit must be finished using the most abnormal amount of survey in respect to the gatherings incorporated into the venture

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Importance of Early Start Begin ecological audit handle as right on time as conceivable 58.30(b) Typical circumstances required to finish extend from 1 to 120 days Allow time for times of open remark on ecological notification, including Finding of No Significant Impact (FONSI) and the Notice of Intent to Request Release of Funds (NOI-RROF)

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Level of Review Full Assessment Categorically Excluded Categorically Excluded NOT Subject to 58.5 Exempt

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Exempt Activities 24 CFR Part 58.34(a) Environmental, arranging & outline costs Information & budgetary administrations Administrative/administration exercises Public administrations (no physical effect) Inspections Purchase of apparatuses/protection Technical help & preparing Temporary help. for up and coming dangers Payment of primary and intrigue

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Categorically Excluded Activities not subject to 58.5-24 CFR 58.35(b) Tenant-based Rental help Supportive Services Operating costs (utilities, supplies) ED costs (non-development) Pre-improvement costs Supplemental Assistance

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Categorically Excluded subject to 58.5 24 CFR 58.35(a) Public Facilities < 20% expansion Projects for openness and portability Rehab of SF no increment in FP or WL Minor Rehab of Multi-family (no adjustment being used - < 20% change in thickness) Rehab of Nonresidential (no adjustment being used - < 20% change in thickness) Acquisition/Disposition no adjustment being used

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Environmental Assessment 24 CFR Part 58.36 Projects that are not Categorically Excluded or Exempt Require a Full Assessment

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Environmental Assessment NEPA segment of the survey: Designed to figure out whether an EIS is required Requires investigation of choices Requires early interview Broad Interdisciplinary review

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Environmental Impact Statement "EIS" 24 CFR Part 37 Completed for: Findings of Significant Impacts (FOSI) Large undertakings (at least 2,500 units) Unless controls are the main reason

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Public Notification EA: Combined Notice (FONSI and NOI) CE that "triggers" consistence: NOI/RROF just CE No Compliance Triggered None CE Not Subject to 58.5 : None Exempt: None

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Public Comment Periods 24 CFR section 58.45 NOI/FONSI - 15 days from Publication 18 days from Posting NOI - 7 days from Publication 10 days from Posting RE must consider remarks before presenting its RROF to HUD/State HUD/State Comment Period 15 days January 28, 2009 Certifying Official

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Environmental Review Record Written record of audit Must be accessible for open examinations Let the document recount the story – incorporate venture portrayal, maps, photos, contemplates, correspondence, open notification, and so forth

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Tiering 24 CFR 58.15 Why utilize tiering? - effectiveness – survey those matters ready for review and choice in wide audit, and evaluate technique and process for site specific audits -practical – pay for one open notice Example – utilize tiering for citywide single family restoration program

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Tiering – How? Wide Review -Describe the program -Describe the procedure or system for site- specific survey -Evaluate natural components Rehab Program – wide audit incorporate consistence with a considerable lot of the related laws at §58.5 –, for example, Sect. 106 Programmatic Agreement for Historic Preservation.

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Tiering – How? Recovery Program – need to distinguish the procedure for the site-particular audit. For example, every property needs Floodplain Map, Historic Preservation survey, Toxic audit Important – record recounts the story, including the technique, process and supporting documentation

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Tiering – How? The FONSI must incorporate rundown of the evaluation and recognize the noteworthy issues to be considered in the site-particular audits. For site-particular surveys, resulting notification are just required when the Chief Elected Official decides unforeseen effects or effects not sufficiently tended to in earlier audit

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Tiering - Considerations Always require site-particular audit Consider the purpose of NEPA to give open info – does your wide survey and production satisfactorily portray the venture? Reevaluate wide level audit when conditions change, 58.32(d)(2), 58.47

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Conclusion - Important Tips Recognize the extra time that will be required if the venture is in the Floodplain or has notable ramifications Responsible for guaranteeing surge protection is kept up DON\'T SPEND A DIME – until the natural survey is finished and you have gotten an affirmed Request for Release of Funds When in uncertainty, contact your neighborhood ecological officer!

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Field Environmental Contacts

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Questions Contact Information Danielle Schopp 202.402.4442 or Danielle.L.Schopp@hud.gov Joe Devlin 202.402.5117 or Joseph.Devlin@hud.gov

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