HUD Environmental Review Online System (HEROS)
HUD Environmental Review Online System (HEROS)
HEROS Screens PRA Submission
HUD Environmental Review Online System (HEROS)
OMB: 2506-0202
|
HEROS |
HUD Environmental Review Online System |
Business Rules and Mock Screens |
HUD |
10/25/13 |
This document contains the mock-up screens and business rules as captured during the HEROS requirements sessions. The information in this document will be used to design and develop the system. |
Contents
1105 - Initial Screen (50/58) 1
1120 – Sensitive Information (50/58) 4
1122 – Sensitive Information Guidance (50/58) 4
1125 - Project Summary (50/58) 5
1300 - Level of Review Determination 7
1341 - Level of Review Confirmation - Exempt (58) 11
1342 - Level of Review Confirmation: CENST (58) 12
1344 - Level of Review Confirmation: CEST(58) 12
1346 - Level of Review Confirmation: EA (58) 13
1348 - Level of Review Confirmation: EIS (58) 14
1365 - Cooperating Agency (50/58) 14
1366 - Project Justification 16
1370 - Environmental Impact Statement 17
2005 – Related Federal Laws and Authorities Summary (50/58) 17
2015 - Coastal Barrier Resources Act 24
2020 - Coastal Zone Management Act 25
2025 - Endangered Species Act 26
2030 - Environmental Justice 30
2035 - Farmlands Protection 31
2045 - Floodplain Management 37
2050 – Historic Preservation 45
2055 - Sole Source Aquifers 53
2065 - Wild and Scenic Rivers Act 57
2076 - Contamination and Toxic Substances (Multifamily and Non-Residential Properties) 62
2077 - Contamination and Toxic Substances (Single Family Residential Properties) 65
2080 - Explosive and Flammable Hazards 67
2085 - Noise Abatement and Control 70
4010 - EA Factors – Summary 75
4100 – Environmental Assessment Analysis 77
5000 - Mitigation Measures and Conditions (50/58) 79
6205 – Preparer Notification Screen (50/58) 82
6210 – CEST Determination (58) 83
6220 - Package Screen (50/58) 84
6222 – Exempt and CENST Signature Screen (58) 85
6224 – Conversion to Exempt Signature Screen (58) 85
6226 – CEST Signature and Posting for Public Comment Screen (58) 86
6230 - Notice of Intent to Request Release of Funds (NOI-RROF) (58) 87
6310 – EA Determination (50/58) 88
6320 – EA Signature and Posting Screen (58) 89
6400/7015.15 - Request for Release of Funds (58) 92
7015.15 – Request for Release of Funds and Certification 92
6500/7015.16 - Authority to Use Grant Funds (58) 97
7015.16 – Authority to Use Grant Funds 97
6600 – Complete and Archive Review (50/58) 99
6605 – Complete Reviews (50/58) 100
7000 - Mitigation Follow-Up (50/58) 102
1210 - Tiered Review: Level of Review (58) 104
1220 - Tiered Review: Project Summary (50/58) 105
1230 - Tiered Review: EA Upload (50/58) 107
1251 –Tiered Review: Related Laws and Authorities (50/58) 108
1252 –Tiered Review: Written Strategy (50/58) 110
1101 – Review Type (50/58)
Do you want to start a review under Part 50 or Part 58?
Part 58 (when states, cities, tribes, or units of local government assume HUD's environmental review responsibilities)
Part 50 (when HUD staff is responsible for completion of the environmental review)
Save and Continue
Cancel
Business Rule:
The review is categorized as either part 50 or part 58 depending on the selection made.
[Save and Continue] routes all users to screen 1105 – Initial Screen.
[Cancel] either returns the user to Dashboard 1020 – My Environmental Reviews or Dashboard 1030 – My Tiered Reviews depending on what type of Review track the user was in
1105 - Initial Screen (50/58)
Environmental Review Record created on [date created] by [name of user].
*Indicates that field is required
Text Box for Project Name
*Project Name1:
*HUD Funding Source:
Include only funding sources for which this review will fulfill HUD’s environmental review requirements. Do not include funding sources that will require a separate environmental review (e.g. if this project receives funding from both Part 50 and Part 58 programs).
Grant / Project Number |
HUD Program |
Program Name |
Funding Amount |
Text Box for entry |
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$$$ Amount |
Text Box for entry |
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$$$ Amount |
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more entries
$$$ Amount
$$$ Amount
* Does this project anticipate the use of Federal funds or assistance from another agency in addition to HUD?
No
Yes
If yes:
Explain:
Text Box (optional)
* Indicate the date that the environmental review process for this project began2: Click here to select a date.
Text box for optional Identifier
State / Local Identifier [optional]3:
* Is this project funded by a program administered by a state agency (i.e. CDBG or HOME)?4
No
Yes [If ‘Yes’ is selected, the project should be flagged as a state agency project]
* Responsible Entity (RE) Information:
Name:
Address (Street, City, State, Zip Code):
* RE Preparer Information:
Name: Title:
E-Mail: Phone #:
Certifying
Officer Information (not required for exempt or CENST projects):
Name:
E-Mail: Phone #:
Grant Recipient Information (if different than Responsible Entity):
Complete this section only if the grant recipient is not acting as the Responsible Entity.
Name of Organization:
Name of Point of Contact:
E-Mail: Phone #:
Address (Street, City, State, Zip Code):
Consultant Information:
Complete this section only if you are a consultant assisting the Responsible Entity with the Environmental Review.
Name of Firm:
Name of Preparer:
E-Mail: Phone #:
Address (Street, City, State, Zip Code):
Cancel
Save and Continue
[Save and Continue] will routed the user to screen 1120 – Sensitive Information after selecting.
[Cancel] will return to Screen 1020 - Dashboard
1120 – Sensitive Information (50/58)
While it is important that HUD assistance undergo the requisite environmental review and transparency requirements, it is equally important that information that may endanger certain types of projects, such as domestic violence shelters, is not publicly disclosed. To reduce the risk of violence or other harm at sensitive sites undergoing environmental review compliance for the use of HUD assistance, HUD has implemented certain preventative measures.
If the nature of this project should be kept confidential, indicate that fact here.
This project type is not sensitive and need not be kept confidential.
This project type is sensitive and must be kept confidential.
Save and Continue
Save and Go Back
1122 – Sensitive Information Guidance (50/58)
Keep the following guidance in mind throughout the remainder of the environmental review process:
Disclose neither the street address of a shelter nor the services provided by the facility in cases where HUD regulations require a confidentiality provision or where the operator of the domestic violence facility proposed for HUD assistance requests to refrain from public disclosure of such information.
The environmental review record and all notices may refer to a “public facility” but need not specify the exact nature of the project. The project description should use the name of the HUD program (for example, Supportive Housing Program Grant, or EDI-Special Purpose Grant) providing the assistance in lieu of the name of the shelter or services that it provides. The project description should use the generic terms (if applicable) such as building improvements and services, or construction. The land use should use applicable generic terms (i.e., public, mixed, office, or residential use). These limits on information disclosure would meet the spirit of the public notification requirements without endangering prospective clients and beneficiaries. If interagency consultation is required, such as in historic preservation, special arrangement for confidentiality should be made between the Responsible Entity and the State/Tribal Historic Preservation Office to accommodate the operator's request in a flexible way.
When address is requested (as in the screen immediately following this one), provide an alternative address, such as the address of your city hall or nonprofit in lieu of the exact location of the project. If someone needs the precise address of a HUD-funded project in order to respond to the environmental notice, the person may visit the environmental review office to review it.
To maintain a degree of privacy does not mean a diminution of the environmental review responsibility. The same level of technical analysis and performance of environmental review requirements must be achieved in compliance with HUD environmental regulations.
Confidentiality Plan:
Explain why the project use is sensitive and how you will protect its sensitive nature throughout the environmental review. Note that all information entered into this box only will be kept confidential and not released as part of the environmental review record:
Long Narrative box for user input
From this point on, do not enter any sensitive information into HEROS unless specifically instructed to do so. The text and documents entered into HEROS will become the project’s environmental review record and will be posted on the HUD website.
Save and Continue
Save and Go Back
Business Rule:
After user clicks [Save and Continue] he will be sent to 1125 – Project Summary (50/58)
[Save and Go Back] should return to 1120 – Sensitive Information
1125 - Project Summary (50/58)
*Description of the Proposed Project [24 CFR 50.12; 24 CFR 58.32; 40 CFR 1508.25]:
Provide a project description that captures the maximum anticipated scope of the proposal. It should include all contemplated actions which logically are, either geographically or functionally, a composite part of the project, regardless of the source of funding. Describe all physical aspects of the project, such as plans for multiple phases of development, size and number of buildings, and activities to be undertaken. Include details of the physical impacts of the project, including whether there will be ground disturbance. If applicable, indicate whether the project site will require acquisition or if the sponsor already has ownership.
Long Narrative text box for project
description. [Mandatory]
*Project Location
Provide a street address or intersection for your project and validate the address using the button below. If the project affects a large area, such as an infrastructure or community services project, select a representative address and describe the project location in a narrative in the provided textbox. If the project location is sensitive, you may provide an alternative address, such as the address of your city hall or nonprofit in lieu of the exact location of the project. If you cannot validate the address now, be sure to do so before completing the review.
Attach a map or photographs from a site visit in addition to a text description if appropriate.
Validate Address
Text Box for additional location information.
File Upload: [Optional map or photograph upload]
Field Inspection
If a site visit was conducted, complete the following section.
Inspector Information:
Upload any photographs or other documentation here:
File Upload:
What activities are involved in the project? (Check all that apply.)
Acquisition (including refinance) of real property
Leasing5
Maintenance6
Repair/Improvement/Rehabilitation
New construction/Reconstruction
Demolition
Disposition
Removal of architectural barriers
“Soft costs”7 or other non-physical activities (e.g. planning, services, administration, predevelopment costs)
Will the project require or lead to a change in land use of the affected property (e.g. from non-residential to residential, commercial to industrial, or from one industrial use to another)?
Yes
No
What is the planned use of the affected property (after completion of the project)?
Vacant land
Public facility
Residential building(s)8
Single family
Multifamily
Nonresidential building(s)
Save and Continue
Save and Go Back
Business Rules:
[Save and Continue] routes user to 1311 – Level of Review (58)
[Save and Go Back] routes user to 1120 – Sensitive Information
1300 - Level of Review Determination
Business Rules
The user arrives at the Level of Review screen from the project summary screen 1125 – Project Summary (50/58).
If the user knows the type of review required he can indicate that in screens 1311 – Level of Review (58), after which he gets immediate appropriate confirmation through screens 1341 through 1348 – Level of Review Confirmations (58).
If the user indicates that he does not know the type of review required, the outcome will depend on the activities selected on screen 1125 – Project Description.
If the user selected only “Soft costs” on 1125 – Project Description, he will get the Soft Cost Pop-Up Screen below.
If the user selected any activity or other than “Soft Costs”, the system will guide him through a set of questions that will then determine the level of review required starting at screen 1320 – Level of Review Determination Assistant.
Soft Cost Pop-Up Screen:
The Level of Review Determination Assistant is not available for this project. Refer to the regulatory language above to determine the applicable level of review and citation and make a different selection.
OK
Regardless if the user identifies the required Level of Review or uses the Determination Assistant, HEROS should record the applicable citation used to determine that the project is exempt, CENST, or CEST. This citation should go to BOTH, the Level of Review confirmation screen AND be collected for reports. HEROS should run reports on how often each citation is used.
As a next step the users with an outcome of exempt, CENST, or CEST will be routed to the laws and regulations starting at screen 2005 –Related Federal Laws and Authorities.
Users with an outcome of EA or EIS will be routed to 1365 – Cooperating Agency, 1366 – Statement of Purpose and Need, or 1370 – Environmental Impact Statement, as appropriate.
1311 - Level of Review (58)
What level of review is required by the scope of the project?
Exempt
Select appropriate citation(s) from 24 CFR 58.34(a): (Check all that apply)
Environmental and other studies, resource identification and the development of plans and strategies. 24 CFR 58.34(a)(1)
Information and financial services. 24 CFR 58.34(a)(2)
Administrative and management activities. 24 CFR 58.34(a)(3)
Public services that will not have a physical impact or result in any physical changes, including but not limited to services concerned with employment, crime prevention, child care, health, drug abuse, education, counseling, energy conservation and welfare or recreational needs. 24 CFR 58.34(a)(4)
Inspections and testing of properties for hazards or defects. 24 CFR 58.34(a)(5)
Purchase of insurance. 24 CFR 58.34(a)(6)
Purchase of tools. 24 CFR 58.34(a)(7)
Engineering or design costs. 24 CFR 58.34(a)(8)
Technical assistance and training. 24 CFR 58.34(a)(9)
Assistance for temporary or permanent improvements that do not alter environmental conditions and are limited to protection, repair, or restoration activities necessary only to control or arrest the effects from disasters or imminent threats to public safety including those resulting from physical deterioration. 24 CFR 58.34(a)(10)
Payment of principal and interest on loans made or obligations guaranteed by HUD. 24 CFR 58.34(a)(11)
Categorical exclusion not subject to the Federal laws and authorities cited in §58.5 (CENST)
Select appropriate citation(s) from 24 CFR 58.35(b): (Check all that apply)
Tenant-based rental assistance. 24 CFR 58.35(b)(1)
Supportive services including, but not limited to, health care, housing services, permanent housing placement, day care, nutritional services, short-term payments for rent/mortgage/utility costs, and assistance in gaining access to local, State, and Federal government benefits and services. 24 CFR 58.35(b)(2)
Operating costs including maintenance, security, operation, utilities, furnishings, equipment, supplies, staff training and recruitment and other incidental costs. 24 CFR 58.35(b)(3)
Economic development activities, including but not limited to, equipment purchase, inventory financing, interest subsidy, operating expenses and similar costs not associated with construction or expansion of existing operations. 24 CFR 58.35(b)(4)
Activities to assist homebuyers to purchase existing dwelling units or dwelling units under construction, including closing costs and down payment assistance, interest buydowns, and similar activities that result in the transfer of title. 24 CFR 58.35(b)(5)
Affordable housing pre-development costs including legal, consulting, developer and other costs related to obtaining site options, project financing, administrative costs and fees for loan commitments, zoning approvals, and other related activities which do not have a physical impact. 24 CFR 58.35(b)(6)
Approval of supplemental assistance 24 CFR 58.35(b)(7)
This activity is CENST Supplemental Assistance if the approval is made by the same responsible entity that conducted the environmental review on the original project and reevaluation of the environmental findings is not required under Sec. 58.47.
Categorical exclusion subject to the Federal laws and authorities cited in §58.5 (CEST)
Select appropriate citation(s) from 24 CFR 58.35(a): (Check all that apply)
Acquisition or leasing
Acquisition of public facilities 24 CFR 58.35(a)(1)
Acquisition of vacant land provided that the acquired land will be retained for the same use. 24 CFR 58.35(a)(5)
Acquisition (including leasing) of an existing structure provided that the acquired structure will be retained for the same use. 24 CFR 58.35(a)(5)
ADA Compliance
Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped persons. 24 CFR 58.35(a)(2)
Repair, improvement, reconstruction, or rehabilitation
Rehabilitation of public facilities and improvements other than buildings 24 CFR 58.35(a)(1)
This activity is CEST if the facilities and improvements are in place and retained in the same use without change in size or capacity of more than 20 percent. Acceptable activities include replacement of water or sewer lines, reconstruction of curbs and sidewalks, and repaving of streets.
Rehabilitation of residential buildings with one to four units 24 CFR 58.35(a)(3)(i)
This activity is CEST if the density is not increased beyond four units, the land use is not changed, and the footprint of the building is not increased in a floodplain or wetland.
Rehabilitation of multifamily (5 or more units) residential buildings 24 CFR 58.35(a)(3)(ii)
This activity is CEST if unit density is not changed more than 20 percent; the project does not involve changes in land use from residential to non-residential; and the estimated cost of rehabilitation is less than 75 percent of the total estimated cost of replacement after rehabilitation.
Rehabilitation of non-residential structures including commercial, industrial, and public buildings 24 CFR 58.35(a)(3)(iii)
This activity is CEST if the facilities and improvements are in place and will not be changed in size or capacity by more than 20 percent; and the activity does not involve a change in land use, such as from non-residential to residential, commercial to industrial, or from one industrial use to another.
Individual Actions9
An individual action on up to four dwelling units. 24 CFR 58.35(a)(4)(i)
This activity is CEST where there is a maximum of four units on any one site. The units can be four one-unit buildings or one four-unit building or any combination in between.
An individual action on a project of five or more housing units. 24 CFR 58.35(a)(4)(ii)
This activity is CEST when the housing units are developed on scattered sites, the site are more than 2,000 feet apart, and there are not more than four housing units on any one site.
Disposition
Disposition of an existing structure provided that the disposed of structure will be retained for the same use. 24 CFR 58.35(a)(5)
Equity Loans
Equity loans on an existing structure provided that the financed structure will be retained for the same use. 24 CFR 58.35(a)(5)
Environmental Assessment (EA)
This activity requires an EA if no categorical exclusions or exemptions apply. An EA may also be required if extraordinary circumstances apply.10
Environmental Impact Statement (EIS)11
Not sure.
Save and Go Back
Save and Continue
If the level of review is not known select this option to go to the Level of Review Determination Assistant.
Business Rules:
If the user checks the first, second, or third box he will also have to check the appropriate citations that apply. These citations should be inserted into the appropriate confirmation screen. The actual citation data to used to generate reports should be pulled from the actual confirmation screens as listed below.
After the user clicks on [OK] he will be sent to the following screens depending on his selection:
1st Box checked with citations checked -> Screen 1341 – Level of Review Confirmation – Exempt
2nd Box checked with citations checked -> Screen 1342 – Level of Review Confirmation – CENST
3rd Box checked with citations checked -> Screen 1344 – Level of Review Confirmation – CEST
4th Box checked -> Screen 1346 – Level of Review Confirmation – EA
5th Box checked -> Screen 1348 – Level of Review Confirmation – EIS
6th Box checked [if user selected only “Soft costs” on screen 1125] -> they will get the Soft Cost Pop-Up
6th Box checked [if user selected any activity or activities other “Soft costs” on screen 1125 -> Screen 1320 – Level of Review Determination Assistant – Part 58
1341 - Level of Review Confirmation - Exempt (58)
Based on your responses in the Level of Review Determination Section, this project falls under the category of exempt.
System inserts all applicable citations selected either in screen 1311 – Level of Review (58) or “24 CFR 58.34(a)(10)” from 1320 - Level of Review Determination Assistant
Check the citation(s) above and confirm that this project should be reviewed as exempt and not subject to the Federal laws and authorities in §58.5.
Yes, this project falls into the category indicated above
No
Go Back
Save and Continue
If the user confirms agreement by selecting “Yes” he will be sent to screen 2005– Related Federal Laws and Authorities after clicking [Save and Continue].
1342 - Level of Review Confirmation: CENST (58)
Based on your responses in the Level of Review Determination Section, this project falls under the category of categorically excluded not subject to §58.5 (CENST).
Citation
Block:
System inserts all applicable citations selected in screen 1311 – Level of Review – Part 58
Check the citation(s) above and confirm that this project should be reviewed as CENST and not subject to the Federal laws and authorities cited in §58.5.
Yes, this project falls into the category indicated above
No
Go Back
Save and Continue
If the user confirms agreement by selecting “Yes” he will be sent to screen 2005 – Related Federal Laws and Authorities after clicking [Save and Continue].
1344
- Level of Review Confirmation: CEST(58)
Based on your responses in the Level of Review Determination Section, this project falls under the category of categorically excluded subject to §58.5 (CEST). Note: if extraordinary circumstances12 apply, the level of review should be elevated to an environmental assessment or an environmental impact statement. In that case, select “Go Back” to change your answer.
System inserts all applicable citations selected either in screen 1311 – Level of Review – Part 58 or by 1320 - Level of Review Determination Assistant. If multiple citations apply, include 24 CFR §58.35(a)(6).
Check the citation(s) above and confirm that this project should be reviewed as CEST.
Yes, this project falls into the category indicated above.
If appropriate, describe any calculations or analysis made to determine that the project may be reviewed as CEST:
Optional textbox
No
Go Back
Save and Continue
If the user confirms agreement by selecting “Yes” he will be sent to screen 2005 – Related Federal Laws and Authorities after clicking [Save and Continue].
1346
- Level of Review Confirmation: EA (58)
Based on your responses in the Level of Review Determination Section, this project requires an Environmental Assessment (EA).
Check your responses and confirm that this project should require an EA.
Yes, this project falls into the category indicated above
Check here if this project has been elevated to an EA based on extraordinary circumstances13.
No
Go Back
Save and Continue
If the user selects “Yes,” he will be sent to either screen 1365 – Cooperating Agency (if indicated on 1105 – Initial Screen that project anticipates use of Federal funds or assistance from another agency) or 1366 – Statement of Purpose and Need.
1348 - Level of Review Confirmation: EIS (58)
Based on your responses in the Level of Review Determination Section, this project requires an Environmental Impact Statement (EIS).
Check your responses and confirm that this project should require an EIS.
Yes, this project falls into the category indicated above.
Check here if this project has been elevated to an EIS based on extraordinary circumstances14.
No
Go Back
Save and Continue
If the user confirms agreement by selecting “Yes” he will be sent to either screen 1365 – Cooperating Agency (if indicated on 1105 that project anticipates use of Federal funds or assistance from another agency) or screen 1370 – Environmental Impact Statement after clicking [Save and Continue].
1365 - Cooperating Agency (50/58)
Business Rules:
This screen only shows up for EAs and EISs and if the user indicated on screen 1105 - Initial Screen (50/58) that the project anticipates the use of Federal funds or assistance from another agency.
If the user selects “Yes” in the first question he will have to indicate the agency status per drop-down list which drives the next selection.
If the user selected [Lead Agency] he will be sent to the next appropriate screen based on review type:
EA type reviews get sent to screen 1366 - Project Justification
EIS type reviews get sent to screen 1370 - Environmental Impact Statement
If the user selected [Cooperating Agency] he needs to take the following action based on review type:
EA type reviews need to upload the completed EA and then proceed to screen 6310 – EA Determination
EIS type reviews get sent to screen 1370 - Environmental Impact Statement
Your previous responses indicate that this project anticipates the use of Federal funds or assistance from another agency in addition to HUD. State, Federal and local agencies may participate or act in a joint lead or cooperating agency capacity in the preparation of joint environmental impact statements or joint environmental assessments (see 40 CFR 1501.5(b) and 1501.6). A single EIS or EA may be prepared and adopted by multiple users to the extent that the environmental review addresses the relevant environmental issues and there is a written agreement between the cooperating agencies which sets forth the coordinated and overall responsibilities. 24 CFR 58.14, 40 CFR 1501.5(b) and 1501.6.
Is there a formal Cooperating Agency Agreement governing the environmental review?
Yes
Enter name(s) of agency or agencies involved
Select your agency status:
If Cooperating Agency:
Upload the completed EA including HUD Environmental Standards (Airport Hazards, Contamination, Explosives, and Noise Abatement and Control) here:
No
Check the reason an Agreement was not reached:
Not initiated
Potential Cooperating Agency lacked special expertise and jurisdiction by law
Potential Cooperating Agency lacked authority to enter into an agreement to be a Cooperating Agency
Potential or active Cooperating Agency lacked agreement with the agency (e.g., unable to accept the scope of the analysis or the purpose and need for the proposed action; unable to accept responsibilities and/or milestones for analysis and documentation; unable to develop information/analysis of all reasonable alternatives; unable to prevent release of predecisional information; misrepresents the process or the findings presented in the analysis and documentation)
Potential or active Cooperating Agency lacked capacity (training or resources) to participate (e.g., unable to participate during scoping and/or throughout the preparation of the analysis and documentation as necessary to meet process milestones; unable to identify significant issues, eliminate minor issues, identify issues previously studied, or identify conflicts with the objectives of regional, State and local land use plans, policies and controls in a timely manner; unable to assist in preparing portions of the review and analysis and help resolve significant environmental issues in a timely manner; unable to provide resources to support scheduling and critical milestones)
Other
Explain “Other”:
Text Box to explain checked selection of
“Other”
Insert the name(s) of any agency or agencies contacted:
Text Box to list names of agencies
Save and Go Back
Save and Continue
1366 - Project Justification
This screen only shows up for EAs. After the user clicks [Save and Continue] he is sent to screen 2005– Related Federal Laws and Authorities.
*Statement of Purpose and Need for the Proposal: The underlying purpose and need to which the agency is responding in proposing the action and its alternatives. Describe how the proposed action is intended to address housing and/or community development needs.
Optional Text Box
*Existing Conditions and Trends: Determine existing conditions and describe the character, features, and resources of the project area and its surroundings; identify the trends that are likely to continue in the absence of the project.
Optional Text Box
Save and Continue
Save and Go Back
1370 - Environmental Impact Statement
Business Rules for EIS:
The user will be guided here following screens 1348 – Level of Review Confirmation – EIS or screen 1365 – Cooperating Agency.
Consult the following website about filing your EIS here:
https://www.onecpd.info/environmental-review/environmental-impact-statements
When you have completed your Final EIS, return to this screen to answer questions 1 and 2.
Were any scoping meetings held?
Yes
Enter the dates of any scoping meetings held. Note that you must wait at least 15 days after disseminating or publishing the NOI/EIS before holding a scoping meeting.
Optional Text box to dates of scoping meetings
No
Optional Text box to provide explanation of why no scoping meetings were held.
Explain:
Enter the Record of Decision (ROD) date:
Click here to enter a date.
Save and Continue
Save and Exit
After the user clicks [Save and Continue] part 58 users will be routed to the 6400 - Request for Release of Funds (7015.15)
2005 – Related Federal Laws and Authorities Summary (50/58)
Business Rules:
Based on the Level of Review Determination the user will only get to see the compliance factors that apply to his type of review as per below:
Part 58 CENST/ Exempt: Flood Insurance (2040), CBRA (2015), Airport Clear Zones (2072)
50/58 CEST / EA All except Airport Clear Zones (2072) (use Airport Hazards instead)
For Contamination two different options are available:
Screen 2076 applies if the user chooses anything other than “single family” residential under activities in 1125
Screen 2077 applies if and only if the user chooses “Single family” alone under activities in 1125.
This summary screen lists all compliance factors to assure proper order of display in all cases. The compliance factor should not have the screen number displayed next to it, for reference it is displayed in this document in green font as a business rule reference, but only the black text should be shown on the screen. The screen itself should have the screen number in the title.
The user should be able to click on the name of a compliance factor and then be guided to the appropriate screen. This summary serves also as a status screen to let the user know where he stands in his review.
The user should be able to select “save and continue” and proceed to the next screen at any time. “Save and continue” will navigate the user to the following screens:
Exempt, CENST, and CEST reviews navigate to screen 5000 Mitigation Measures and Conditions
EA reviews navigate to screen 4010 EA Factors
Directions: Click on the Compliance Factor links in the first column in the chart below. The links will take you to a separate screen to answer questions and provide documentation on the specific Compliance Factor. After completing each Compliance Factor screen you will automatically return to this screen to continue. As a reminder, state and local requirements may differ from Federal requirements, and compliance with one does not guarantee compliance with the other. |
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Compliance Factors |
Are formal compliance steps or mitigation required? |
Compliance Determinations |
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.6 |
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Airport Runway Clear Zones (2072) [24 CFR part 51] (HUD Standard) |
Yes No
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If this screen applies then 2070 doesn’t. |
Airport Hazards (2070) [Clear Zones and Accident Potential Zones; 24 CFR Part 51 Subpart D] (HUD Standard) |
Yes No
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If this screen applies then 2072 doesn’t. |
Coastal Barrier Resources (2015) [Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]] |
Yes No
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Flood Insurance (2040) [Flood Disaster Protection Act of 1973 and section 582 of the National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]] |
Yes No
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STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.5 |
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Air Quality (2010) [Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93] |
Yes No
|
|
Coastal Zone Management (2020) [Coastal Zone Management Act, sections 307(c) & (d)] |
Yes No
|
|
Contamination and Toxic Substances Multifamily and Nonresidential Properties (2076) [24 CFR 50.3(i) & 58.5(i)(2)] (HUD Standard) |
Yes No
|
If this screen applies then 2077 will not be shown. |
Contamination and Toxic Substances – Single Family (2077) [24 CFR 50.3(i) & 58.5(i)(2)] (HUD Standard) |
Yes No
|
If this screen applies then 2076 will not be shown. |
Endangered Species (2025) [Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402] |
Yes No
|
|
Explosive and Flammable Hazards (2080) (Above-Ground Tanks)[24 CFR Part 51 Subpart C] (HUD Standard) |
Yes No
|
|
Farmlands Protection (2035) [Farmland Protection Policy Act of 1981, particularly sections 1504(b) & 1541; 7 CFR Part 658] |
Yes No
|
|
Floodplain Management (2045) [Executive Order 11988, particularly section 2(a); 24 CFR Part 55] |
Yes No
|
|
Historic Preservation (2050) [National Historic Preservation Act of 1966, particularly sections 106 & 110; 36 CFR Part 800] |
Yes No
|
|
Noise Abatement and Control (2085) 24 CFR Part 51 Subpart B] (HUD Standard) |
Yes No
|
|
Sole Source Aquifers (2055) [Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149] |
Yes No
|
|
Wetlands Protection (2060) [Executive Order 11990, particularly sections 2 & 5] |
Yes No
|
|
Wild and Scenic Rivers (2065) [Wild and Scenic Rivers Act of 1968, particularly section 7(b) & (c)] |
Yes No
|
|
ENVIRONMENTAL JUSTICE |
||
Environmental Justice (2030) [Executive Order 12898] |
Yes No
|
|
Each compliance factor within the related laws and authorities will be one screen. After the user answers the first question he will have to click [Next] at the bottom of the screen. Depending on his answers [Next] will either cause the next question to be displayed or send the user to the screen summary. In both cases clicking [Next] will also save the data on that screen. The user can go back to screen 2005 – Related Federal Laws and Authorities Summary to decide which compliance factor he wants to address next by clicking on [Save and Return to Summary].
After the users have completed the questions in each of the 2000 series screens, selecting [Next] will send them to the [Screen Summary] section (Screen 2005.1 – Screen Summary) in which they will finalize the screen. All 3 questions in the Screen Summary section should appear at once. The three questions are: Compliance Determination, Supporting Documentation Upload and Formal Compliance Steps and Mitigation
The text entered in the [Compliance Determination] box will be displayed in the far-right column of screen 2005 – Related Federal Laws and Authorities Summary
The Yes / No checkboxes in the center column of screen 2005 - Related Federal Laws and Authorities Summary are checked based on the user’s response to the last question in the Screen Summary (“Are formal compliance steps or mitigation required”)
Compliance Determination
Describe the basis that led to your determination here, identifying all key elements from your support documentation that substantiate your determination. The following minimum language is based on your responses in this section. You are strongly encouraged to edit this language to provide a clear description of your determination and a synopsis of the information that it was based on, such as:
Map panel numbers and dates
Names of all consulted parties and relevant consultation dates
Names of plans or reports and relevant page numbers
Any additional requirements specific to your region
This box should contain the text from the
Compliance Determination chart above in an editable format. Users
should be able to input 4,000 characters in this box.
Supporting documentation
Upload
all supporting documents required in this section here:
[Multiple Upload, optional]
Are formal compliance steps or mitigation required?
Yes
No
2010 - Air Quality
General requirements |
Legislation |
Regulation |
The Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), which sets national standards on ambient pollutants. In addition, the Clean Air Act is administered by States, which must develop State Implementation Plans (SIPs) to regulate their state air quality. Projects funded by HUD must demonstrate that they conform to the appropriate SIP. |
Clean Air Act (42 USC 7401 et seq.) as amended particularly Section 176(c) and (d) (42 USC 7506(c) and (d)) |
40 CFR Parts 6, 51 and 93 |
Reference |
||
https://www.onecpd.info/environmental-review/air-quality
|
||
Scope of Work
Does your project include new construction or conversion of land use facilitating the development of public, commercial, or industrial facilities OR five or more dwelling units?
Yes Next Question (2)
No Screen Summary
Air Quality Attainment Status of Project’s County or Air Quality Management District
Is your project’s air quality management district or county in non-attainment or maintenance status for any criteria pollutants?
Follow the link below to determine compliance status of project county or air quality management district:
http://www.epa.gov/oaqps001/greenbk/
No, project’s county or air quality management district is in attainment status for all criteria pollutants
Screen Summary
Yes, project’s management district or county is in non-attainment or maintenance status for the following criteria pollutants (check all that apply):
Carbon monoxide
Lead
Nitrogen dioxide
Sulfur dioxide
Ozone
Particulate Matter, <2.5 microns
Particulate Matter, < 10 microns
Next Question (3)
Emissions Levels
What are the de minimis emissions levels (40 CFR 93.153)15 or screening levels for the non-attainment or maintenance level pollutants indicated above
Carbon monoxide ppm (parts per million)
Lead µg/m3 (micrograms per cubic meter of air)
Nitrogen dioxide ppb (parts per billion)
Sulfur dioxide ppb (parts per billion)
Ozone ppm (parts per million)
Particulate Matter, <2.5 microns µg/m3 (micrograms per cubic meter of air)
Particulate Matter, < 10 microns µg/m3 (micrograms per cubic meter of air)
Provide your source used to determine levels here:
Mandatory Text box for source information
Upload
any additional information in the Screen Summary at the conclusion of
this screen.
Next Question (4)
Determine the estimated emissions levels of your project16. Will your project exceed any of the de minimis or threshold emissions levels of non-attainment and maintenance level pollutants or exceed the screening levels established by the state or air quality management district?
No, the project will not exceed de minimis or threshold emissions levels or screening levels
Enter estimated emissions levels:
Carbon monoxide ppm (parts per million)
Lead µg/m3 (micrograms per cubic meter of air)
Nitrogen dioxide ppb (parts per billion)
Sulfur dioxide ppb (parts per billion)
Ozone ppm (parts per million)
Particulate Matter, <2.5 microns µg/m3 (micrograms per cubic meter of air)
Particulate Matter, < 10 microns µg/m3 (micrograms per cubic meter of air)
Upload all documents used to make your determination in the Screen Summary at the conclusion of this screen
Screen Summary
Yes, the project exceeds de minimis emissions levels or screening levels.
Enter estimated emissions levels:
Carbon monoxide ppm (parts per million)
Lead µg/m3 (micrograms per cubic meter of air)
Nitrogen dioxide ppb (parts per billion)
Sulfur dioxide ppb (parts per billion)
Ozone ppm (parts per million)
Particulate Matter, <2.5 microns µg/m3 (micrograms per cubic meter of air)
Particulate Matter, < 10 microns µg/m3 (micrograms per cubic meter of air)
Next Question (5)
For the project to be brought into compliance with this section, all adverse impacts must be mitigated. Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review. If negative effects cannot be mitigated, cancel the project using the button at the bottom of this screen.
Mandatory Text box to document mitigation measures :
The entered statement needs to be entered in screen 5000 – Mitigation under Clean Air Act, Mitigation Measure.
Upload any additional information in the Screen Summary at the conclusion of this screen.
Screen
Summary
2015 - Coastal Barrier Resources Act
Only grantees that have project locations in the following states should be asked about CBRA.
Alabama |
Georgia |
Massachusetts |
New Jersey |
Puerto Rico |
Virgin Islands |
Connecticut |
Louisiana |
Michigan |
New York |
Rhode Island |
Virginia |
Delaware |
Maine |
Minnesota |
North Carolina |
South Carolina |
Wisconsin |
Florida |
Maryland |
Mississippi |
Ohio |
Texas |
|
In all other states, the user should be directed immediately to the Screen Summary of screen 2015 with the ‘Non-CBRA State’ compliance determination filled in.
“This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act.” |
General requirements |
Legislation |
Regulation |
HUD financial assistance may not be used for most activities in units of the Coastal Barrier Resources System (CBRS). See 16 USC 3504 for limitations on Federal expenditures affecting the CBRS. |
Coastal Barrier Resources Act (CBRA) of 1982, as amended by the Coastal Barrier Improvement Act of 1990 (16 USC 3501)
|
|
References |
||
https://www.onecpd.info/environmental-review/coastal-barrier-resources
|
||
Is the project located in a CBRS (Coastal Barrier Resources System) Unit?
No
Upload map and documentation in the Screen Summary at the conclusion of this screen.
Screen Summary
Yes
Federal assistance for most activities may not be used at this location. You must either choose an alternate site or cancel the project. In very rare cases, federal monies can be spent within CBRS (Coastal Barrier Resources System) units for certain exempted activities (e.g., a nature trail), after consultation with the FWS (see 16 USC 3505 for exceptions to limitations on expenditures).
Next Question (2)
Indicate your selected course of action.
After consultation with the FWS the project was given approval to continue
Upload
map and documentation in the Screen Summary at the conclusion of this
screen.
Screen Summary
Project was not given approval
2020 - Coastal Zone Management Act
Business Rules:
Follow rules as stated in screen section 2005 plus the following:
Only grantees that have project locations in the following states should be asked about CMZA
Alabama |
Florida |
Louisiana |
Minnesota |
North Carolina |
South Carolina |
American Samoa |
Alaska |
Georgia |
Maine |
Mississippi |
Ohio |
Texas |
Guam |
California |
Hawaii |
Maryland |
New Hampshire |
Oregon |
Virginia |
Northern Mariana Islands |
Connecticut |
Illinois |
Massachusetts |
New Jersey |
Pennsylvania |
Washington |
Puerto Rico |
Delaware |
Indiana |
Michigan |
New York |
Rhode Island |
Wisconsin |
Virgin Islands |
*The state of Alaska has designated coastal zone; however, the state is currently not participating in the program. (This is subject to change in the future.)]
In all other states, the user should be directed immediately to the Screen Summary of screen 2020 with the ‘Non-CZMA State’ compliance determination filled in.
“This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act.” |
General requirements |
Legislation |
Regulation |
Federal assistance to applicant agencies for activities affecting any coastal use or resource is granted only when such activities are consistent with federally approved State Coastal Zone Management Act Plans. |
Coastal Zone Management Act (16 USC 1451-1464), particularly section 307(c) and (d) (16 USC 1456(c) and (d)) |
15 CFR Part 930
|
References |
||
https://www.onecpd.info/environmental-review/coastal-zone-management
|
||
Is the project located in, or does it affect, a Coastal Zone as defined in your state Coastal Management Plan17?
Yes
Next Question (2)
No
Upload all documents used to make your determination in the Screen Summary at the conclusion of this screen:
Screen Summary
Does this project include activities that are subject to state review18??
Yes
Next Question (3)
No
Screen Summary
Has this project been determined to be consistent with the State Coastal Management Program19?
Yes, with mitigation.
Next Question (4)
Yes, without mitigation.
Upload all documents used to make your determination in the Screen Summary at the conclusion of this screen:
Screen Summary
No, project must be canceled.
Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review.
Mandatory Text box to document mitigation measures :
This needs to be entered in screen 5000 – Mitigation under CZMA, Mitigation Measure.
Upload all documentation in the Screen Summary at the conclusion of this screen.
Screen
Summary
2025 - Endangered Species Act
General requirements |
ESA Legislation |
Regulations |
|
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); particularly section 7 (16 USC 1536). |
50 CFR Part 402 |
References |
||
https://www.onecpd.info/environmental-review/endangered-species
|
||
Section
7 of the Endangered Species Act (ESA) mandates that federal
agencies ensure that actions that they authorize, fund, or carry
out shall not jeopardize the continued existence of federally
listed plants and animals or result in the adverse modification or
destruction of designated critical habitat. Where their actions
may affect resources protected by the ESA, agencies must consult
with the Fish and Wildlife Service and/or the National Marine
Fisheries Service (“FWS” and “NMFS” or
“the Services”).
Does the project involve any activities that have the potential to affect species or habitats?
No, the project will have No Effect due to the nature of the activities involved in the project.
This selection is only appropriate if none of the activities involved in the project have potential to affect species or habitats. Examples of actions without potential to affect listed species may include: purchasing existing buildings, completing interior renovations to existing buildings, and replacing exterior paint or siding on existing buildings.
Screen
Summary
No, the project will have No Effect based on a letter of understanding, memorandum of agreement, programmatic agreement, or checklist provided by local HUD office.20
Explain your determination: [mandatory text box]
Mandatory Text Box
Upload all documents used to make your determination in the Screen Summary at the conclusion of this screen.
Screen Summary
Yes, the activities involved in the project have the potential to affect species and/or habitats.
Question 2
Listed species are those that are either endangered (in danger of extinction throughout all or a significant portion of its range) or threatened (likely to become endangered within the foreseeable future throughout all or a significant portion of its range). Refer to ATEC for information on consideration of candidate species (those that the Services have considered for listing but have not yet issued a final ruling) and proposed species (those that have been proposed for listing).
No, the project will have No Effect due to the absence of federally listed species and designated critical habitat.
Upload all documents used to make your determination in the Screen Summary at the conclusion of this screen.
Documentation may include letters from the Services, species lists from the Services’ websites, surveys or other documents and analysis showing that there are no species in the action area.
Screen Summary
Yes, there are federally listed species or designated critical habitats present in the action area.
Question 3
What effects, if any, will your project have on federally listed species or designated critical habitat?
No Effect: Based on the specifics of both the project and any federally listed species in the action area, you have determined that the project will have absolutely no effect on listed species or critical habitat.
Upload all documents used to make your determination in the Screen Summary at the conclusion of this screen.
Documentation should include a species list and explanation of your conclusion, and may require maps, photographs, and surveys as appropriate.
Question 6
May Affect, Not Likely to Adversely Affect: Any effects that the project may have on federally listed species or critical habitats would be beneficial, discountable, or insignificant.
Question4 Informal Consultation
-
Likely
to Adversely Affect: The project may have negative effects on one or
more listed species or critical habitat.
Question 5 Formal Consultation
Informal Consultation is required
Section 7 of ESA (16 USC. 1536) mandates consultation to resolve potential impacts to endangered and threatened species and critical habitats. If a HUD-assisted project may affect any federally listed endangered or threatened species or critical habitat, then compliance is required with Section 7. See 50 CFR Part 402 Subpart B Consultation Procedures.
Did the Service(s) concur with the finding that the project is Not Likely to Adversely Affect?
Yes, the Service(s) concurred with the finding.
Display the following text:
Upload the following in the Screen Summary at the conclusion of this screen:
A biological evaluation or equivalent document
Concurrence(s) from FWS and/or NMFS
Any other documentation of informal consultation
Exception: If finding was made based on procedures provided by a letter of understanding, memorandum of agreement, programmatic agreement, or checklist provided by local HUD office,23 provide whatever documentation is mandated by that agreement.
Question 6
No, the Service(s) did not concur with the finding.
Question 5
Formal consultation is required
Section 7 of ESA (16 USC 1536) mandates consultation to resolve potential impacts to federally listed endangered and threatened species and critical habitats. If a HUD assisted project may affect any endangered or threatened species or critical habitat, then compliance is required with Section 7. See 50 CFR Part 402 Subpart B Consultation Procedures.
Upload the following in the Screen Summary at the conclusion of this screen:
A biological assessment, evaluation, or equivalent document
Biological opinion(s) issued by FWS and/or NMFS
Any other documentation of formal consultation
Question 6
For the project to be brought into compliance with this section, all adverse impacts must be mitigated. Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review. If negative effects cannot be mitigated, cancel the project using the button at the bottom of this screen.
Mitigation as follows will be implemented:
Mandatory textbox: This needs to be entered in screen 5000 – Mitigation under ESA, Mitigation Measure
Screen
Summary
No mitigation is necessary.
Mandatory text box if user selected ‘no mitigation necessary’
Explain why mitigation will not be made here:
Screen
Summary
2030 - Environmental Justice
General requirements |
Legislation |
Regulation |
Determine if the project creates adverse environmental impacts upon a low-income or minority community. If it does, engage the community in meaningful participation about mitigating the impacts or move the project. |
Executive Order 12898 |
|
References |
||
https://www.onecpd.info/environmental-review/environmental-justice
|
||
HUD strongly encourages starting the Environmental Justice analysis only after all other laws and authorities, including Environmental Assessment factors if necessary, have been completed.
Were any adverse environmental impacts identified in any other compliance review portion of this project’s total environmental review?
Yes
Next
Question (2)
No
Screen Summary
Were these adverse environmental impacts disproportionately high for low-income and/or minority communities?
Yes
Mandatory Text box
Explain:
Upload any supporting documentation in the Screen Summary at the conclusion of this screen.
Next Question (3)
No
Mandatory Text box
Upload any supporting documentation in the Screen Summary at the conclusion of this screen.
Screen
Summary
All adverse impacts should be mitigated. Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review. If negative effects cannot be mitigated, cancel the project using the button at the bottom of this screen.
Mitigation as follows will be implemented:
Mandatory textbox: This needs to be entered in screen 5000 – Mitigation under EJ, Mitigation Measure
Next
Question (4)
No mitigation is necessary.
Explain why mitigation will not be made here:
Mandatory text box if user selected ‘no mitigation necessary’
Next Question (4)
Describe how the affected low-income or minority community was engaged or meaningfully involved in the decision on what mitigation actions, if any, will be taken.
Explain:
Mandatory Text box
Upload any supporting documentation in the Screen Summary at the conclusion of this screen.
Screen Summary
2035 - Farmlands Protection
General requirements |
Legislation |
Regulation |
The Farmland Protection Policy Act (FPPA) discourages federal activities that would convert farmland to nonagricultural purposes. |
Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.) |
|
Reference |
||
https://www.onecpd.info/environmental-review/farmlands-protection
|
||
Does your project include any activities, including new construction, acquisition of undeveloped land or conversion, that could convert agricultural land24 to a non-agricultural use?
Yes
Next Question (2)
No
If your project includes new construction, acquisition of undeveloped land or conversion, explain how you determined that agricultural land would not be converted:
Optional Text box
Upload any supporting documentation in the Screen Summary at the conclusion of this screen.
Screen Summary
Does your project meet one of the following exemptions?
Project on land already in or committed to urban development25 or used for water storage. (7 CFR 658.2(a))
Construction limited to on-farm structures needed for farm operations.
Construction limited to new minor secondary (accessory) structures such as a garage or storage shed
Yes
Upload any documents used to make your determination in the Screen Summary at the conclusion of this screen.
Screen Summary
No
Next Question (3)
Does “important farmland,” including prime farmland,26 unique farmland,27 or farmland of statewide or local importance28 regulated under the Farmland Protection Policy Act, occur on the project site?
You may use the links below to determine important farmland occurs on the project site:
Utilize USDA Natural Resources Conservation Service’s (NRCS) Web Soil Survey http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm
Check with your city or county’s planning department and ask them to document if the project is on land regulated by the FPPA (zoning important farmland as non-agricultural does not exempt it from FPPA requirements)
Contact NRCS at the local USDA service center http://offices.sc.egov.usda.gov/locator/app?agency=nrcs or your NRCS state soil scientist http://soils.usda.gov/contact/state_offices/ for assistance
No
Upload all documents used to make your determination in the Screen Summary at the conclusion of this screen.
Screen Summary
Yes
Next
Question (4)
Consider alternatives to completing the project on important farmland and means of avoiding impacts to important farmland.
Complete form AD-1006, “Farmland Conversion Impact Rating” http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1045394.pdf29 and contact the state soil scientist before sending it to the local NRCS District Conservationist.
(NOTE: for corridor type projects,30 use instead form NRCS-CPA-106, "Farmland Conversion Impact Rating for Corridor Type Projects: http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1045395.pdf.)
Work with NRCS to minimize the impact of the project on the protected farmland. When you have finished with your analysis, return a copy of form AD-1006 (or form NRCS-CPA-106 if applicable) to the USDA-NRCS State Soil Scientist or his/her designee informing them of your determination.31
Document your conclusion:
Project will proceed with mitigation.
Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review.:
Mandatory Text box to document mitigation measures: This
needs to be entered in screen 5000 – Mitigation under
Farmlands Protection, Mitigation Measure
Upload form AD-1006 and all other documents used to make your determination in the Screen Summary at the conclusion of this screen.
Screen Summary
Project will proceed without mitigation.
Explain why mitigation will not be made here:
Mandatory Text box to explain why mitigation will not be made here
Upload form AD-1006 and all other documents used to make your determination in the Screen Summary at the conclusion of this screen.
2040 - Flood Insurance
General requirements |
Legislation |
Regulation |
Certain types of federal financial assistance may not be used in floodplains unless the community participates in National Flood Insurance Program and flood insurance is both obtained and maintained. |
Flood Disaster Protection Act of 1973 as amended (42 USC 4001-4128) |
24 CFR 50.4(b)(1) and 24 CFR 58.6(a) and (b); 24 CFR 55.1(b). |
Reference |
||
https://www.onecpd.info/environmental-review/flood-insurance
|
||
Does this project involve financial assistance for construction, rehabilitation, or acquisition (including refinance) of a mobile home, building, or insurable personal property32?
No. This project does not require flood insurance or is excepted33 from flood insurance.
Screen Summary
Yes
Next question (2)
Upload a FEMA/FIRM map showing the site here: [mandatory upload]
[Auto-populate upload for 2045 - Floodplain Management, Question 2]
The Federal Emergency Management Agency (FEMA) designates floodplains. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs). For projects in areas not mapped by FEMA, use the best available information34 to determine floodplain information. Include documentation, including a discussion of why this is the best available information for the site. Provide FEMA/FIRM floodplain zone designation, panel number, and date within your documentation.
Is the structure, part of the structure, or insurable property located in a FEMA-designated Special Flood Hazard Area?
No
Screen Summary
Yes
Next
question (3)
Is the community participating in the National Flood Insurance Program or has less than one year passed since FEMA notification of Special Flood Hazards?
Yes, the community is participating in the National Flood Insurance Program.
For loans, loan insurance or loan guarantees, flood insurance coverage must be continued for the term of the loan. For grants and other non-loan forms of financial assistance, flood insurance coverage must be continued for the life of the building irrespective of the transfer of ownership. The amount of coverage must equal the total project cost or the maximum coverage limit of the National Flood Insurance Program, whichever is less
Upload a copy of the flood insurance policy declaration or a paid receipt for the current annual flood insurance premium and a copy of the application for flood insurance in the Mitigation Follow-Up section of this review when available.
Screen Summary
Yes, less than one year has passed since FEMA notification35 of Special Flood Hazards.
If less than one year has passed since notification of Special Flood Hazards, no flood insurance is required.
Screen Summary
No. The community is not participating, or its participation has been suspended.
Cancel the project at this location. Federal assistance may not be used at this location.
2045
- Floodplain Management
General Requirements |
Legislation |
Regulation |
Executive Order 11988, Floodplain Management, requires Federal activities to avoid impacts to floodplains and to avoid direct and indirect support of floodplain development to the extent practicable. |
Executive Order 11988 |
24 CFR 55 |
Reference |
||
Refer to HUD ‘s ATEC site on compliance here: http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/environment/review/floodplain Refer to FEMA’s Flood Insurance Rate Maps (FIRMS) using the FEMA Map Service Center here: http://www.msc.fema.gov/ |
||
Do any of the following exceptions apply? Select the applicable citation. [only one selection possible]
Screen Summary
55.12(c)(3) The approval of financial assistance for restoring and preserving the natural and beneficial functions and values of floodplains and wetlands, including through acquisition of such floodplain and wetlands property, but only if:
(i) The property is cleared of all existing structures and related improvements;
(ii) The property is dedicated for permanent use for flood control, wetlands protection, park land, or open space; and
(iii) A permanent covenant or comparable restriction is placed on the property's continued use to preserve the floodplain or wetlands from future development.
Upload covenant or comparable restriction in the Screen Summary at the conclusion of this screen.
Screen Summary
55.12(c)(4)
An action involving a repossession, receivership, foreclosure,
or similar acquisition of property to protect or enforce HUD's
financial interests under previously approved loans, grants,
mortgage insurance, or other HUD assistance.
Screen
Summary
-
55.12(c)(5)
Policy-level actions described at 24 CFR 50.16 that do not involve
site-based decisions.
Screen Summary
-
55.12(c)(6)
A minor amendment to a previously approved action with no additional
adverse impact on or from a floodplain.
Screen Summary
55.12(c)(7) HUD's approval of a project site, an incidental portion of which is situated in an adjacent floodplain, but only if all of the following apply:
The proposed construction and landscaping activities (except for minor grubbing, clearing of debris, pruning, sodding, seeding, etc.) do not occupy or modify the 100-year floodplain or the 500-year floodplain (for Critical Actions); Appropriate provision is made for site drainage; and
A covenant or comparable restriction is placed on the property's continued use to preserve the floodplain.
Upload your documentation of compliance with this requirement in the Screen Summary at the conclusion of this screen. This includes a FIRM showing that the floodplain is incidental, the drainage provision, and the covenant or property restriction. Use the following textbox to enter any explanations.
If 55.12(c)(7) selected: Optional Text
Box
Screen Summary
-
55.12(c)(7)
An action for interim assistance, assistance under the section
232(i) Fire Safety Equipment Loan Insurance Program, or emergency
activities involving imminent threats to health and safety, and
limited to necessary protection, repair or restoration activities to
control the imminent risk or damage.
Screen Summary
55.12(c)(8) HUD's approval of financial assistance for a project on any nonwetland site in a floodplain for which FEMA has issued:
(i) A final Letter of Map Amendment (LOMA) or final Letter of Map Revision (LOMR) that removed the property from a FEMA-designated floodplain location; or
(ii) A conditional LOMA or conditional LOMR if the HUD approval is subject to the requirements and conditions of the Conditional LOMA (CLOMA) or Conditional LOMR (CLOMR).
Upload LOMA/ LOMR/ CLOMA/ CLOMR in the Screen Summary at the conclusion of this screen.
Screen
Summary
55.12(c)(9) Issuance or use of Housing Vouchers, Certificates under the Section 8 Existing Housing Program, or other forms of rental subsidy where HUD, the awarding community, or the public housing agency that administers the contract awards rental subsidies that are not project-based ( i.e., do not involve site-specific subsidies).
Screen
Summary
55.12(c)(10) Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and persons with disabilities.
Screen Summary
55.12(c)(11) The approval of financial assistance for acquisition, leasing, construction, rehabilitation, repair, maintenance, or operation of ships and other water-borne vessels that will be used for transportation or cruises and will not be permanently moored.
Screen Summary
None of the above.
Next
question (2)
Upload a FEMA FIRM (or ABFE) map showing the site here: [mandatory upload]
[Auto-populate upload from 2040 – Flood Insurance, Question 2]
The Federal Emergency Management Agency (FEMA) designates floodplains. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs) or Advisory Base Flood Elevations (ABFEs). For projects in areas not mapped by FEMA, use the best available information36 to determine floodplain information. Include documentation, including a discussion of why this is the best available information for the site.
Does your project occur in a floodplain?
No
Screen Summary
Yes
Select the applicable floodplain using the FEMA map or the best available information:
Floodway37
Next Question (Floodways)
Coastal High Hazard Area (V Zone)38
Next
Question (Coastal High Hazard Area)
100-year floodplain (A Zone)39
Next
Question (8-Step Process)
500-year floodplain (B Zone or shaded X Zone)40
Next
Question (500-year Floodplains)
Coastal High Hazard Area
Is this a critical action41?
Yes
Critical actions are prohibited in coastal high hazard areas. Federal assistance may not be used at this location. Unless the action is excepted at 24 CFR 55.12(c), you must either choose an alternate site or cancel the project.
No
Next Question
Does this action include construction that is not a functionally dependent use, existing construction (including improvements), or reconstruction following destruction caused by a disaster?
Yes, there is new construction.
New construction is prohibited in V Zones. (24 CFR 55.1(c)(3).
Next Question: (8-Step Process)
No, this action concerns only a functionally dependent use, existing construction (including improvements), or reconstruction following destruction caused by a disaster.
This construction must have met FEMA elevation and construction standards for a coastal high hazard area or other standards applicable at the time of construction.
Next Question: (8-Step Process)
500-year Floodplain
Is this a critical action42 ?
No
Screen Summary
Yes
Next
Question (8-Step Process), then to Mitigation
Floodways
Is this a functionally dependent use43?
Yes. The 8-Step Process is required.
Work with your HUD FEO to determine a way to satisfactorily continue with this project.
Mandatory Text Box
Upload a completed 8-Step Process in the Screen Summary at the conclusion of this screen. Be sure to include the early public notice and the final notice.
Next
Question Mitigation.
No.
Federal assistance may not be used at this location unless a 55.12(c) exception applies. You must either choose an alternate site or cancel the project at this location.
8-Step Process.
Does the 8-Step Process apply? Select one of the following options:
8-Step Process applies.44
Upload a completed 8-Step Process in the Screen Summary at the conclusion of this screen. Be sure to include the early public notice and the final notice.
Next
Question (Mitigation)
5-Step Process is applicable per 55.12(a)(1-3). Provide documentation of 5-Step Process.
Upload a completed 5-Step Process in the Screen Summary at the conclusion of this screen.
Select the applicable citation: [only one can be selected]
55.12(a)(1) HUD actions involving the disposition of HUD-acquired multifamily housing projects or “bulk sales” of HUD-acquired one- to four-family properties in communities that are in the Regular Program of the National Flood Insurance Program (NFIP) and in good standing (i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24).
Next
Question (Mitigation)
-
55.12(a)(2)
HUD's actions under the National Housing Act (12 U.S.C. 1701) for
the purchase or refinancing of existing multifamily housing
projects, hospitals, nursing homes, assisted living facilities,
board and care facilities, and intermediate care facilities, in
communities that are in good standing under the NFIP.
Next Question (Mitigation)
55.12(a)(3) HUD's or the recipient’s actions under any HUD program involving the repair, rehabilitation, modernization, weatherization, or improvement of existing multifamily housing projects, hospitals, nursing homes, assisted living facilities, board and care facilities, intermediate care facilities, and one- to four-family properties, in communities that are in the Regular Program of the National Flood Insurance Program (NFIP) and are in good standing, provided that the number of units is not increased more than 20 percent, the action does not involve a conversion from nonresidential to residential land use, the action does not meet the thresholds for “substantial improvement” under § 55.2(b)(10), and the footprint of the structure and paved areas is not significantly increased.
Next Question (Mitigation)
55.12(a)(4) HUD’s (or the recipient’s) actions under any HUD program involving the repair, rehabilitation, modernization, weatherization, or improvement of existing nonresidential buildings and structures, in communities that are in the Regular Program of the NFIP and are in good standing, provided that the action does not meet the thresholds for “substantial improvement” under § 55.2(b)(10) and that the footprint of the structure and paved areas is not significantly increased.
Next
Question (Mitigation)
8-Step Process is inapplicable per 55.12(b)(1-4).
Select the applicable citation: [only one choice possible]
[do not show if Coastal High Hazard Area was chosen in Q2] 55.12(b)(1) HUD's mortgage insurance actions and other financial assistance for the purchasing, mortgaging or refinancing of existing one- to four-family properties in communities that are in the Regular Program of the National Flood Insurance Program (NFIP) and in good standing (i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24), where the action is not a critical action and the property is not located in a floodway or coastal high hazard area.
Screen Summary
55.12(b)(2) Financial assistance for minor repairs or improvements on one- to four-family properties that do not meet the thresholds for “substantial improvement” under § 55.2(b)(10) 45.
Screen Summary
55.12(b)(3) HUD actions involving the disposition of individual HUD-acquired, one- to four-family properties.
Screen Summary
55.12(b)(4) HUD guarantees under the Loan Guarantee Recovery Fund Program (24 CFR part 573) of loans that refinance existing loans and mortgages, where any new construction or rehabilitation financed by the existing loan or mortgage has been completed prior to the filing of an application under the program, and the refinancing will not allow further construction or rehabilitation, nor result in any physical impacts or changes except for routine maintenance.
Screen Summary
[do not show if Coastal High Hazard Area was chosen in Q2]55.12(b)(5) The approval of financial assistance to lease an existing structure located within the floodplain, but only if—
(i) The structure is located outside the floodway or Coastal High Hazard Area, and is in a community that is in the Regular Program of the NFIP and in good standing (i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24);
(ii) The project is not a critical action; and
(iii) The entire structure is or will be fully insured or insured to the maximum under the NFIP for at least the term of the lease.
Screen Summary
Mitigation
Which of the following mitigation/minimization measures have been identified for this project in the 8-Step or 5-Step Process? Select all that apply.
Permeable surfaces
Natural landscape enhancements that maintain or restore natural hydrology
Planting or restoring native plant species
Bioswales
Evapotranspiration
Stormwater capture and reuse
Green or vegetative roofs with drainage provisions
Natural Resources Conservation Service conservation easements or similar easements
Floodproofing of structures
Elevating structures including freeboarding above the required base flood elevations
Other
Cancel project at this location
Explain:
Mandatory Text box to document mitigation measures: This
needs to be entered in screen 5000 – Mitigation under
Floodplain, Mitigation Measure
Screen Summary
2050 – Historic Preservation
General requirements |
Legislation |
Regulation |
Regulations under Section 106 of the National Historic Preservation Act (NHPA) require a consultative process to identify historic properties, assess project impacts on them, and avoid, minimize, or mitigate adverse effects |
Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) |
36 CFR 800 “Protection of Historic Properties” http://www.access.gpo.gov/nara/cfr/waisidx_10/36cfr800_10.html
|
Reference |
||
https://www.onecpd.info/environmental-review/historic-preservation
|
||
Following should only show up if the user indicated sensitive information is included in Step 3/Step 4:
Record contains confidential information. Do not copy or release.46
Threshold
Is Section 106 review required for your project?
No, because the project consists solely of activities listed as exempt in a Programmatic Agreement (PA47). (See the PA Database to find applicable PAs.)
Question Threshold(a)
No, because the project consists solely of activities included in a No Potential to Cause Effects memo or other determination [36 CFR 800.3(a)(1)].
Question Threshold(b)
Yes, because the project includes activities with potential to cause effects (direct or indirect).
Step 1
Threshold(a). Either upload the PA in the Screen Summary at the conclusion of this screen or provide a link to it here:
Optional text box (short)
Upload exemption(s) in the Screen Summary at the conclusion of this screen or copy and paste all applicable text from the PA here:
Optional text box (long)
Screen
Summary
Threshold(b). Upload the memo in the Screen Summary at the conclusion of this screen, provide a link to the memo, or explain and justify the other determination here:
Optional Text box to document explanation …
Screen Summary
No change from part 58 version in rest of 2050 screen
The Section 106 Process
After determining the need to do a Section 106 review, initiate consultation with regulatory and other interested parties, identify and evaluate historic properties, assess effects of the project on properties listed on or eligible for the National Register of Historic Places, and resolve any adverse effects through project design modifications or mitigation.
Note that consultation continues through all phases of the review.
Step 1: Initiate consultation
Step 2: Identify and evaluate historic properties
Step 3: Assess effects of the project on historic properties
Step 4: Resolve any adverse effects
Business Rules:
In Step 1, users will check to indicate which consulting parties are involved in section 106 consultation. For each selected consulting party, users will use a pull down to indicate the status of consultation. [This is essentially the same as the chart, but without uploads.]
The user should be able to add one line at a time for [Indian Tribes or NHOS] as well as for the [Other Consulting Parties] by clicking the corresponding [Add…] button. There can be one or many consulting parties involved for multiple Indian Tribes and Other Consulting Parties.
The [When to consult with Tribes checklist] should be a downloadable item that the user saves and is then able to upload through the link.
Step
1 - Initiate Consultation
The following parties are entitled to participate in Section 106 reviews: Advisory Council on Historic Preservation; State Historic Preservation Officers (SHPOs); federally recognized Indian tribes/Tribal Historic Preservation Officers (THPOs); Native Hawaiian Organizations (NHOs); local governments; and project grantees. The general public and individuals and organizations with a demonstrated interest in a project may participate as consulting parties at the discretion of the RE or HUD official. Participation varies with the nature and scope of a project. Refer to HUD’s website for guidance on consultation, including the required timeframes for response. Consultation should begin early to enable full consideration of preservation options.
Use the When To Consult With Tribes checklist within Notice CPD-12-006: Process for Tribal Consultation to determine if you should invite tribes to consult on a particular project. Use the Tribal Directory Assessment Tool (TDAT)48 to identify tribes that may have an interest in the area where the project is located. Note that consultants may not initiate consultation with Tribes.
Select all consulting parties below (check all that apply):
State Historic Preservation Officer (SHPO):
Advisory Council on Historic Preservation:
Indian Tribes, including Tribal Historic Preservation Officers (THPOs) or Native Hawaiian Organizations (NHOs)
Consult the When to Consult with Tribes checklist and upload completed checklist in the Screen Summary at the conclusion of this screen.
Textbox to input Name of Tribes or NHOs :
Add Tribe or NHO
Other Consulting Parties
Textbox to input Name of Consulting Party :
Add Consulting Party
Upload all correspondence, notices, and notes (including comments and objections received) in the Screen Summary at the conclusion of this screen.
Describe the process of selecting consulting parties and initiating consultation here:
Mandatory text box
Next Step (Step 2)
Step
2 - Identify and Evaluate Historic Properties
Business Rules:
The APE Chart (Table 2) should be capped at 10 locations. The chart can come up with 5 blank lines and then allow the user to add more one at a time.
The user should be able to select the National Register Status in the second column based on the drop-down options and upload documentation in the third column that will then be displayed as links
The checkbox in column [Sensitive Information] triggers if the first checkbox [Record contains confidential information. Do not copy or release] in screen 2050 - Historic Properties is being checked as well.
Define the Area of Potential Effect (APE49), either by entering the address(es) or uploading a map depicting the APE in the Screen Summary at the conclusion of this screen:
Text box to add address(es) :
Gather information about known historic properties in the APE. Historic buildings, districts and archeological sites may have been identified in local, state, and national surveys and registers, local historic districts, municipal plans, town and county histories, and local history websites.
If not already listed on the National Register of Historic Places, identified properties are then evaluated to see if they are eligible for the National Register.
Refer to ATEC50 for guidance on identifying and evaluating historic properties.
In the chart below, list historic properties identified and evaluated in the APE. Every historic property that may be affected by the project should be included in the chart.
Upload the documentation (survey forms, Register nominations, concurrence(s) and/or objection(s), notes, and photos) that justify your National Register Status determination in the Screen Summary at the conclusion of this screen.51
Business Rules:
[National Register Status] and [SHPO Concurrence] are drop-down fields. Refer to the table for the actual field values.
-
Address52/Location/District
National Register Status
SHPO Concurrence
Sensitive Information
[Text box]
Do not release
[Text box]
Do not release
[Text
box]Do not release
[Text box]
Do not release
Table 1 - APE Chart
Add Additional Locations
Additional notes:
Optional text box
Was a survey of historic buildings and/or archeological sites done as part of the project53?
Yes
Upload surveys and report(s) in the Screen Summary at the conclusion of this screen.
For Archeological surveys, refer to HP Fact Sheet #6, Guidance on Archeological Investigations in HUD Projects. 54
Additional notes:
Optional text box
No
Next Step (Step 3)
Step 3 - Assess Effects of the Project on Historic Properties
Business Rules:
Checking in any of the findings the box next to [Check here if this information is sensitive and must remain confidential] will trigger the first checkbox [Record contains confidential information. Do not copy or release] in screen 2050 - Historic Properties being checked as well.
The link to [Criteria of Adverse Effect] needs to allow the user to copy and paste from it into the text box.
Users who respond “No Historic Properties Affected” or “No Adverse Effect” are given a compliance pop-up regardless of their responses to the subquestions. Users who select “Adverse Effects” are routed to Step 4.
Only properties that are listed on or eligible for the National Register of Historic Places receive further consideration under Section 106. Assess the effect(s) of the project by applying the Criteria of Adverse Effect. (36 CFR 800.5)] Consider direct and indirect effects as applicable as per guidance on direct and indirect effects55.
Check here if this information is sensitive and must remain confidential.
Choose one of the findings below - No Historic Properties Affected, No Adverse Effect, or Adverse Effect; and seek concurrence from consulting parties.
No Historic Properties Affected
Document reason for finding:
No historic properties present.
Upload concurrence(s) or objection(s) in the Screen Summary at the conclusion of this screen.
Historic properties present, but project will have no effect upon them.
Upload concurrence(s) or objection(s) in the Screen Summary at the conclusion of this screen.
If consulting parties concur or fail to respond to user’s request for concurrence, project is in compliance with this section. No further review is required. If consulting parties object, refer to (36 CFR 800.4(d)(1)) and consult further to try to resolve objection(s).
Screen
Summary
No Adverse Effect
Document reason for finding:
Mandatory text box for finding
Does the No Adverse Effect finding contain conditions?
Yes (check all that apply)
Avoidance
Modification of project
Other
Describe conditions here:
Mandatory text box for conditions
This needs to be entered in screen 5000 – Mitigation under Historic Preservation, Mitigation Measure
No
Upload concurrence(s) or objection(s) in the Screen Summary at the conclusion of this screen.
If consulting parties concur or fail to respond to user’s request for concurrence, project is in compliance with this section. No further review is required. If consulting parties object, refer to 36 CFR 800.5(c)(2) and consult further to try to resolve objection(s).
Monitor satisfactory implementation of conditions.
Screen Summary
Adverse Effect
Document reason for finding:
Copy and paste applicable Criteria into text box with summary and justification.
Criteria of Adverse Effect: 36 CFR 800.5]
Mandatory text box for summary and justification
Notify the Advisory Council on Historic Preservation of the Adverse Effect and provide the documentation outlined in 36 CFR 800.11(e). The Council has 15 days to decide whether to enter the consultation (Not required for projects covered by a Programmatic Agreement).
Step 4
Step 4 - Resolve Adverse Effects
Business Rules:
Mandatory Upload for MOA or SMMA: the user must upload either an MOA or a SMMA
Work with consulting parties to try to avoid, minimize or mitigate adverse effects. Refer to ATEC guidance56 and 36 CFR 800.6 and 800.7.
Were the Adverse Effects resolved?
Yes
Describe the resolution of Adverse Effects, including consultation efforts and participation by the Advisory Council on Historic Preservation:
Mandatory text box to describe resolution….
For the project to be brought into compliance with this section, all adverse impacts must be mitigated. Explain in detail the exact measures57 that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review.
Mandatory text box for mitigation measures
This needs to be entered in screen 5000 – Mitigation under Historic Preservation, Mitigation Measure
Upload signed Memorandum of Agreement (MOA) or Standard Mitigation Measures Agreement (SMMA) in the Screen Summary at the conclusion of this screen.
Screen Summary
OK
No
Describe the failure to resolve Adverse Effects, including consultation efforts and participation by the Advisory Council on Historic Preservation and “Head of the Agency”58:
Mandatory text box for summary
Upload correspondence, comments, and documentation of decision in the Screen Summary at the conclusion of this screen.
Check here if this information is sensitive and must remain confidential.
Either provide approval from the “Head of the Agency” or cancel the project at this location.
Cancel the project at this location.
“Head of the Agency” approves project with unresolved Adverse Effect(s)
Explain in detail the exact conditions or measures59 that must be implemented to mitigate for the impact oreffect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review.
Mandatory text box to explain conditions
This needs to be entered in screen 5000 – Mitigation under Historic Preservation, Mitigation Measure
Screen Summary
2055 - Sole Source Aquifers
General requirements |
Legislation |
Regulation |
The Safe Drinking Water Act of 1974 protects drinking water systems which are the sole or principal drinking water source for an area and which, if contaminated, would create a significant hazard to public health. |
Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300f et seq., and 21 U.S.C. 349) |
40 CFR Part 149 |
Reference |
||
https://www.onecpd.info/environmental-review/sole-source-aquifers (Appears in header and Question 3)
|
||
Is the project located on a sole source aquifer (SSA)60?
No
Upload documentation used to make your determination, such as a map of your project (or jurisdiction, if appropriate) in relation to the nearest SSA and its source area, in the Screen Summary at the conclusion of this screen.
Screen Summary
Yes
Next Question (2)
Does your project consist solely of acquisition (including refinance), leasing, or rehabilitation of an existing building(s)?
Yes
Screen Summary
No
Next Question (3)
Does your region have a memorandum of understanding(MOU) or other working agreement with EPA for HUD projects impacting a sole source aquifer?
Contact your Field or Regional Environmental Officer or visit the HUD ATEC webpage to determine if an MOU or agreement exists in your area: http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/environment/review/aquifiers
Yes
Upload MOU or Agreement in the Screen Summary at the conclusion of this screen.
Next Question (4)
No
Next Question (5)
Does your MOU or working agreement exclude your project from further review?
Yes
Screen Summary
Document where your project fits within the MOU or working agreement in the Screen Summary at the conclusion of this screen.
No
Next
Question (5)
Will the proposed project contaminate the aquifer and create a significant hazard to public health?
Consult with your Regional EPA Office. Your consultation request should include detailed information about your proposed project and its relationship to the aquifer and associated streamflow source area. EPA will also want to know about water, storm water and waste water at the proposed project. Follow your MOU or working agreement or contact your Regional EPA office for specific information you may need to provide. EPA may request additional information if impacts to the aquifer are questionable after this information is submitted for review.
No
Upload your correspondence with the EPA and all documents used to make your determination in the Screen Summary at the conclusion of this screen.
Screen Summary
Yes
Work with EPA to develop mitigation measures. If mitigation measures are approved, attach correspondence with EPA and include the mitigation measures in your environmental review documents and project contracts. If EPA determines that the project continues to pose a significant risk to the aquifer, federal financial assistance must be denied.
Next Question (6)
In order to continue with the project, any threat must be mitigated, and all mitigation must be approved by the EPA. Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review. If the project is found to pose significant risks to the aquifer and negative effects cannot be mitigated, cancel the project using the button at the bottom of this screen.
Mandatory Text box to document mitigation measures:
This needs to be entered in screen 5000 – Mitigation under Sole Source Aquifer, Mitigation Measure.
Upload your correspondence with the EPA and all documents used to make your determination in the Screen Summary at the conclusion of this screen.
Screen
Summary
2060 - Wetlands Protection
General requirements |
Legislation |
Regulation |
Executive Order 11990 discourages that direct or indirect support of new construction impacting wetlands wherever there is a practicable alternative. The Fish and Wildlife Service’s National Wetlands Inventory can be used as a primary screening tool, but observed or known wetlands not indicated on NWI maps must also be processed. Off-site impacts that result in draining, impounding, or destroying wetlands must also be processed. |
Executive Order 11990 |
24 CFR 55.20 can be used for general guidance regarding the 8 Step Process. |
References |
||
https://www.onecpd.info/environmental-review/wetlands-protection
|
||
Does this project involve new construction as defined in Executive Order 11990, expansion of a building’s footprint, or ground disturbance? The term "new construction" shall include draining, dredging, channelizing, filling, diking, impounding, and related activities and any structures or facilities begun or authorized after the effective date of the Order.
No
Screen Summary
Yes
Next
Question (2)
Will the new construction or other ground disturbance impact an on- or off-site wetland? The term "wetlands" means those areas that are inundated by surface or ground water with a frequency sufficient to support, and under normal circumstances does or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds.
"Wetlands under E.O. 11990 include isolated and non-jurisdictional wetlands."
No, a wetland will not be impacted in terms of E.O. 11990’s definition of new construction.
Upload a map or any other relevant documentation61 in the Screen Summary at the conclusion of this screen to explain your determination.
Screen Summary
Yes, there is a wetland that be impacted in terms of E.O. 11990’s definition of new construction.
You must determine that there are no practicable alternatives to wetlands development by completing the 8-Step Process.
Upload a completed 8-Step Process62 as well as all documents used to make your determination, including a map63, in the Screen Summary at the conclusion of this screen. Be sure to include the early public notice and the final notice with your documentation.
Next
Question (3)
For the project to be brought into compliance with this section, all adverse impacts must be mitigated. Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review. If negative effects cannot be mitigated, cancel the project using the button at the bottom of this screen.
Mandatory Text box to document mitigation measures: This
needs to be entered in screen 5000 – Mitigation under
Wetlands, Mitigation Measure
Which of the following mitigation actions have been or will be taken? Select all that apply:
Permeable surfaces
Natural landscape enhancements that maintain or restore natural hydrology through infiltration
Native plant species
Bioswales
Evapotranspiration
Stormwater capture and reuse
Green or vegetative roofs with drainage provisions
Natural Resources Conservation Service conservation easements
Compensatory mitigation
Screen Summary
2065 - Wild and Scenic Rivers Act
General requirements |
Legislation |
Regulation |
The Wild and Scenic Rivers Act provides federal protection for certain free-flowing, wild, scenic and recreational rivers designated as components or potential components of the National Wild and Scenic Rivers System (NWSRS) from the effects of construction or development. |
The Wild and Scenic Rivers Act (16 U.S.C. 1271-1287), particularly section 7(b) and (c) (16 U.S.C. 1278(b) and (c)) |
36 CFR Part 297 |
References |
||
https://www.onecpd.info/environmental-review/wild-and-scenic-rivers
|
||
Is your project within proximity of a NWSRS river as defined below?
Wild & Scenic Rivers: These rivers or river segments have been designated by Congress or by states (with the concurrence of the Secretary of the Interior) as wild, scenic, or recreational
Study Rivers: These rivers or river segments are being studied as a potential component of the Wild & Scenic River system.
Nationwide Rivers Inventory (NRI):: The National Park Service has compiled and maintains the NRI, a register of river segments that potentially qualify as national wild, scenic, or recreational river areas
No
Screen
Summary
Upload documentation used to make your determination, such as a map identifying the project site and its surrounding area or a list of rivers in your region in the Screen Summary at the conclusion of this screen.
Yes, the project is in proximity of a Designated Wild and Scenic River or Study Wild and Scenic River.
Next
Question (2)
Yes, the project is in proximity of a Nationwide Rivers Inventory (NRI) River.
Next
Question (3)
Is your project a Water Resources64 project?
No
Screen Summary
Yes
Next Question (3)
Could the project do any of the following?
Have a direct and adverse effect within Wild and Scenic River Boundaries,
Invade the area or unreasonably diminish the river outside Wild and Scenic River Boundaries, or
Have an adverse effect on the natural, cultural, and/or recreational values of a NRI segment.
Consultation with the appropriate federal/state/local/tribal Managing Agency(s)65 is required, pursuant to Section 7 of the Act, to determine if the proposed project may have an adverse effect on a Wild & Scenic River or a Study River and, if so, to determine the appropriate avoidance or mitigation measures.
Note: Concurrence may be assumed if the Managing Agency does not respond within 30 days; however, you are still obligated to avoid or mitigate adverse effects on the rivers identified in the NWSRS
No, the Managing Agency has concurred that the proposed project will not alter, directly, or indirectly, any of the characteristics that qualifies or potentially qualifies the river for inclusion in the NWSRS.
Upload documentation of the consultation (including the Managing Agency’s concurrence) and any other documentation used to make your determination in the Screen Summary at the conclusion of this screen.
Screen Summary
Yes, the Managing Agency was consulted and the proposed project may alter, directly, or indirectly, any of the characteristics that qualifies or potentially qualifies the river for inclusion in the NWSRS.
Next Question (4)
For the project to be brought into compliance with this section, all adverse impacts must be mitigated. Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review. If negative effects cannot be mitigated, cancel the project using the button at the bottom of this screen.
Mandatory Text box to document mitigation measures: This
needs to be entered in screen 5000 – Mitigation under Wild
and Scenic Rivers Act, Mitigation Measure.
Upload documentation of the consultation (including the Managing Agency’s concurrence) and any other documentation used to make your determination in the Screen Summary at the conclusion of this screen.
Screen
Summary
2070 - Airport Hazards
General policy |
Legislation |
Regulation |
It is HUD’s policy to apply standards to prevent incompatible development around civil airports and military airfields. |
|
24 CFR Part 51 Subpart D |
Reference |
||
https://www.onecpd.info/environmental-review/airport-hazards
|
||
To ensure compatible land use development, you must determine your site’s proximity to civil and military airports. Is your project within 15,000 feet of a military airport or 2,500 feet of a civilian airport?
No
Upload a map showing that the site is not within the applicable distances to a military or civilian airport in the Screen Summary at the conclusion of this screen.
Screen
Summary
Yes
Next Question (2)
Is your project located within a Runway Projection Zone/Clear Zone (RPZ/CZ) or Accident Potential Zone (APZ)?
Runway Protection Zone/Clear Zones are defined as areas immediately beyond the ends of runways. The standards are established by FAA regulations. The term in 24 CFR Part 51, Runway Clear Zones, was redefined in FAA’s Airport Design Advisory Circular (AC) 150/5300-13 to refer to Runway Protection Zones for civil airports.
Accidental Potential Zones are defined as areas at military airfields which are beyond the Clear Zones. The standards are defined by the Department of Defense. There are no APZs at civil airports. 24 CFR 51.301(a).
Yes, project is in an APZ
Next
Question (3)
Yes, project is an RPZ/CZ
Next Question (5)
No, project is not within an APZ or RPZ/CZ
Upload a map showing that the site is not within either zone in the Screen Summary at the conclusion of this screen.
Screen
Summary
APZ site. Does your project involve: new construction; substantial rehabilitation66; acquisition of undeveloped land; activities that would significantly prolong the physical or economic life of existing facilities or change the use of the facility to a use that is not consistent with the recommendations of the Department of Defense (DOD)’s Land Use Compatibility Guidelines67; activities that would significantly increase the density or number of people at the site; or activities that would introduce explosive, flammable or toxic materials to the area?
No
Screen Summary
Yes
Next Question (4)
Is the project in conformance with DOD guidelines68?
Yes, project is consistent with DOD guidelines without further action.
Explain how you determined that the project is consistent:
Mandatory Text box to explain determination
Upload any documentation supporting this determination in the Screen Summary at the conclusion of this screen.
Screen Summary
No, the project cannot be brought into conformance with DOD guidelines and has not been approved.
Project is not consistent with DOD guidelines, but it has been approved by the Certifying Officer or HUD Approving Official.
Upload the approval in the Screen Summary at the conclusion of this screen.
Explain approval process: [mandatory text box]
Mandatory Text box to explain determination
If mitigation measures have been or will be taken, explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review.
Optional Text box to document mitigation measures:
If completed, this needs to be entered in screen 5000 – Mitigation under Airport Hazards, Mitigation Measure
Screen Summary
RPZ/CZ site. Which of the following describe your project?
This project does not involve any facilities that will be frequently used or occupied by people.
For this project to be approved, you must obtain written assurances from the airport operator that there are no plans to purchase the land as part of a RPZ/CZ program.
Were proper written assurances obtained?
Yes
Explain:
Mandatory Text box to explain determination
Upload the airport operator’s written finding in the Screen Summary at the conclusion of this screen.
Screen Summary
No
To cancel the project at this location, please select the [Cancel Project] button at the bottom of this section.
OK
This project involves new construction, substantial rehabilitation, acquisition of undeveloped land, or activities that would significantly prolong the physical or economic life of existing facilities that will be frequently used or occupied by people
Next
This project involves the acquisition or sale of an existing property that will be frequently used or occupied by people.
You must provide written notice to the prospective buyer to inform them of the potential hazards.69
See Sample Notice to prospective buyers at [link:https://www.onecpd.info/resource/2758/notice-prospective-buyers-properties-in-runway-clear-zones/ ]
Upload a map showing the property’s location in relation to the RPZ/CZ and a signed copy of the Notice to the prospective buyer in the Screen Summary at the conclusion of this screen.
Screen Summary
None of the above [cannot be combined with any other response]
Screen Summary
2076 - Contamination and Toxic Substances (Multifamily and Non-Residential Properties)
General requirements |
Legislation |
Regulations |
|
|
24 CFR 58.5(i)(2)70 24 CFR 50.3(i)
|
Reference |
||
https://www.onecpd.info/environmental-review/site-contamination
|
||
It
is HUD policy that all properties that are being proposed for use
in HUD programs be free of hazardous materials, contamination,
toxic chemicals and gases, and radioactive substances, where a
hazard could affect the health and safety of the occupants or
conflict with the intended utilization of the property.
How was site contamination evaluated? 71 Select all that apply.
Upload documentation and reports and explain evaluation of site contamination in the Screen Summary at the conclusion of this screen.
ASTM Phase I ESA
ASTM Phase II ESA
Remediation or clean-up plan
ASTM Vapor Encroachment Screening
None of the above
Next Question (2)
Were any on-site or nearby toxic, hazardous, or radioactive substances found that could affect the health and safety of project occupants or conflict with the intended use of the property? (Were any recognized environmental conditions or RECs identified in a Phase I ESA and confirmed in a Phase II ESA?)
No
Explain:
Mandatory Text box to explain determination
Next
Screen Summary
Yes.
Describe the findings, including any recognized environmental conditions (RECs), in the Screen Summary at the conclusion of this screen.
Next
Question (3)
Mitigation
Document and upload the mitigation needed according to the requirements of the appropriate federal, state, tribal, or local oversight agency. If the adverse environmental effects cannot be mitigated, then HUD assistance may not be used for the project at this site.
Can adverse environmental impacts be mitigated?
Adverse environmental impacts cannot feasibly be mitigated
Yes, adverse environmental impacts can be eliminated through mitigation.
Upload all mitigation requirements72 in the Screen Summary at the conclusion of this screen:
Continue to Question 4 (for reporting purposes)
4. Describe how compliance was achieved in the text box below. Include any of the following that apply: State Voluntary Clean-up Program, a No Further Action letter, use of engineering controls73, or use of institutional controls74.
Mandatory Text Box
If a remediation plan or clean-up program was necessary, which standard does it follow?
Complete removal
Risk-based corrective action (RBCA)
[delete this textbox]
Screen Summary
2077 - Contamination and Toxic Substances (Single Family Residential Properties)
Start of Screen here and display the following note in red font at top of screen:
“Note that if you change an answer you must press the “Next” button in order for the information to save, and proceed to the appropriate next question.”
General requirements |
Legislation |
Regulations |
It is HUD policy that all properties that are being proposed for use in HUD programs be free of hazardous materials, contamination, toxic chemicals and gases, and radioactive substances, where a hazard could affect the health and safety of the occupants or conflict with the intended utilization of the property. |
|
24 CFR 58.5(i)(2)75 24 CFR 50.3(i)
|
Reference |
||
https://www.onecpd.info/environmental-review/site-contamination
|
||
Evaluate the site for contamination. Were any on-site or nearby toxic, hazardous, or radioactive substances found that could affect the health and safety of project occupants or conflict with the intended use of the property?
Upload map or other documentation of absence or presence of contamination76 and explain evaluation of site contamination in the Screen Summary at the conclusion of this screen.
No
Mandatory Text box to explain determination
Explain:
Screen Summary
Yes
Next Question (2)
Check here if an ASTM Phase I Environmental Site Assessment (ESA) report was utilized. [Note: HUD regulations does not require an ASTM Phase I ESA report for single family homes]
Mitigation
Document and upload the mitigation needed according to the requirements of the appropriate federal, state, tribal, or local oversight agency. If the adverse environmental mitigation cannot be mitigated, then HUD assistance may not be used for the project at this site.
Can adverse environmental impacts be mitigated?
Adverse environmental impacts cannot feasibly be mitigated
Yes, adverse environmental impacts can be eliminated through mitigation.
Upload all mitigation requirements77 in the Screen Summary at the conclusion of this screen:
Next Question (3)
Describe how compliance was achieved in the text box below. Include any of the following that apply: State Voluntary Clean-up Program, a No Further Action letter, use of engineering controls78, or use of institutional controls79.
Mandatory Text Box
If a remediation plan or clean-up program was necessary, which standard does it follow?
Complete removal
Risk-based corrective action (RBCA)
Mandatory Text Box
Other
Screen Summary
2080 - Explosive and Flammable Hazards
General requirements |
Legislation |
Regulation |
HUD-assisted projects must meet Acceptable Separation Distance (ASD) requirements to protect them from explosive and flammable hazards. |
N/A |
24 CFR Part 51 Subpart C |
Reference |
||
https://www.onecpd.info/environmental-review/explosive-and-flammable-facilities
|
||
Does the proposed HUD-assisted project include a hazardous facility (a facility that mainly stores, handles or processes flammable or combustible chemicals such as bulk fuel storage facilities and refineries)?
No
Next Question (2)
Yes
Explain:
Mandatory Text box
Next Question (5)
Does this project include any of the following activities: development, construction, rehabilitation that will increase residential densities, or conversion?
No
Screen Summary
Yes
Next Question (3)
Within 1 mile of the project site, are there any current or planned stationary aboveground storage containers80:
Of more than 100 gallon capacity, containing common liquid industrial fuels81 OR
Of any capacity, containing hazardous liquids or gases82 that are not common liquid industrial fuels?
No
Upload all documents used to make your determination in the Screen Summary at the conclusion of this screen.
Screen Summary
Yes
Next Question (4)
Is the Separation Distance from the project acceptable based on standards in the Regulation?
Please visit HUD’s website for information on calculating Acceptable Separation Distance.
Yes
Upload map(s) showing the location of the project site relative to any tanks and your separation distance calculations in the Screen Summary at the conclusion of this screen. If the map identifies more than one tank, please identify the tank you have chosen as the “assessed tank.”
Screen Summary
No
Upload map(s) showing the location of the project site relative to any tanks and your separation distance calculations in the Screen Summary at the conclusion of this screen. If the map identifies more than one tank, please identify the tank you have chosen as the “assessed tank.”
Next Question (6)
Is the hazardous facility located at an acceptable separation distance from residences and any other facility or area where people may congregate or be present?
Please visit HUD’s website for information on calculating Acceptable Separation Distance.
Yes
Upload map(s) showing the location of the project site relative to residences and any other facility or area where people congregate or are present and your separation distance calculations in the Screen Summary at the conclusion of this screen.
Screen Summary
No
Upload map(s) showing the location of the project site relative to residences and any other facility or area where people congregate or are present and your separation distance calculations in the Screen Summary at the conclusion of this screen.
Next Question (6)
6. For the project to be brought into compliance with this section, all adverse impacts must be mitigated. Explain in detail the exact measures that must be implemented to make the Separation Distance acceptable, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review. If negative effects cannot be mitigated, cancel the project using the button at the bottom of this screen.
Note that only licensed professional engineers should design and implement blast barriers. If a barrier will be used or the project will be modified to compensate for an unacceptable separation distance,83 upload approval from a licensed professional engineer in the Screen Summary at the conclusion of this screen.
Mandatory Text box to document mitigation measures:
This needs to be entered in screen 5000 – Mitigation under Explosives, Mitigation Measure unless user checked “No mitigation necessary”
Screen Summary
2085 - Noise Abatement and Control
General requirements |
Legislation |
Regulation |
HUD’s noise regulations protect residential properties from excessive noise exposure. HUD encourages mitigation as appropriate. |
Noise Control Act of 1972
General Services Administration Federal Management Circular 75-2: “Compatible Land Uses at Federal Airfields” |
Title 24 CFR 51 Subpart B |
Reference |
||
https://www.onecpd.info/environmental-review/noise-abatement-and-control
\ |
||
What activities does your project involve? Check all that apply:
New construction for residential use
Once selected, display the following text:
NOTE: HUD assistance to new construction projects is generally prohibited if they are located in an Unacceptable zone, and HUD discourages assistance for new construction projects in Normally Unacceptable zones. See 24 CFR 51.101(a)(3) for further details.
Next
Question (4)
Rehabilitation of an existing residential property
Once selected, display the following text for EA reviews and route to Q4:
NOTE: For major or substantial rehabilitation in Normally Unacceptable zones, HUD encourages mitigation to reduce levels to acceptable compliance standards. For major rehabilitation in Unacceptable zones, HUD strongly encourages mitigation to reduce levels to acceptable compliance standards. See 24 CFR 51 Subpart B for further details.
Next
Question (4)
Once selected, display the following text for CEST reviews and route to Q2:
NOTE: For modernization projects in all noise zones, HUD encourages mitigation to reduce levels to acceptable compliance standards. See 24 CFR 51 Subpart B for further details. The definition of “modernization” is determined by program office guidance.
Next
Question (2)
A research demonstration project which does not result in new construction or reconstruction
Screen Summary
An interstate land sales registration
Screen
Summary
Any timely emergency assistance under disaster assistance provisions or appropriations which are provided to save lives, protect property, protect public health and safety, remove debris and wreckage, or assistance that has the effect of restoring facilities substantially as they existed prior to the disaster
Screen Summary
None of the above
Screen Summary
Do you have standardized noise attenuation measures that apply to all modernization and/or minor rehabilitation projects, such as the use of double glazed windows or extra insulation?
Yes
Indicate the type of measures that will apply (check all that apply):
[Multiple selections possible]
Improved building envelope components (better windows and doors, strengthened sheathing, insulation, sealed gaps, etc.)
Redesigned building envelope (more durable or substantial materials, increased air gap, resilient channels, staggered wall studs, etc.)
Other
Explain:
Mandatory Text box for other
Screen Summary
No
Next Question (3)
Complete the Preliminary Screening to identify potential noise generators in the vicinity (1000’ from a major road, 3000’ from a railroad, or 15 miles from an airport).
Describe findings of the Preliminary Screening:
Mandatory Text box for description
Next
Question (6)
Complete the Preliminary Screening to identify potential noise generators in the vicinity (1000’ from a major road, 3000’ from a railroad, or 15 miles from an airport).
Indicate the findings of the Preliminary Screening below:
There are no noise generators found within the threshold distances above.
Upload a map showing the location of the project relative to any noise generators in the Screen Summary at the conclusion of this screen.
Screen Summary
Noise generators were found within the threshold distances.
Next
Question (5)
Complete the Noise Assessment Guidelines to quantify the noise exposure. Indicate the findings of the Noise Assessment below:
Acceptable: (65 decibels or less; the ceiling may be shifted to 70 decibels in circumstances described in §24 CFR 51.105(a))
Indicate noise level here: [numerical field] [insert this number into autofill text below]
Upload noise analysis, including noise level and data used to complete the analysis, in the Screen Summary at the conclusion of this screen.
Screen Summary
Normally Unacceptable: (Above 65 decibels but not exceeding 75 decibels; the floor may be shifted to 70 decibels in circumstances described in 24 CFR 51.105(a))
If project is major rehab:
Indicate noise level here: [numerical field] [insert this number into autofill text below]
Upload noise analysis, including noise level and data used to complete the analysis, in the Screen Summary at the conclusion of this screen.
Next Question (6)
If project is new construction:
Is your project in a largely undeveloped area84?
No
If project is CEST:
Your project requires completion of an Environmental Assessment pursuant to 51.104(b)(1)(i).
You must manually change the level of review for this project by navigating to “Level of Review Determination” using the menu on the left side of your screen and selecting “Environmental Assessment” on screen 1311 – Level of Review.
OK
If project is an EA:
Indicate Noise Level here: [numerical field] [insert this number into autofill text below]
Upload noise analysis, including noise level and data used to complete the analysis, and any other relevant information in the Screen Summary at the conclusion of this screen:
Next Question (6)
Yes
Your project requires completion of an Environmental Impact Statement pursuant to 51.104(b)(1)(i).
You must start a new environmental review for this project and select “Environmental Impact Statement” as the appropriate level of review. Please cancel this review.
OK
Unacceptable: (Above 75 decibels)
If project is major rehab:
HUD strongly encourages conversion of noise-exposed sites to land uses compatible with high noise levels.
Check here to affirm that you have considered converting this property to a non-residential use compatible with high noise levels.
Indicate Noise Level here: [numerical field] [insert this number into autofill text below]
Upload noise analysis, including noise level and data used to complete the analysis in the Screen Summary at the conclusion of this screen:
Next Question (6)
If project is new construction:
Your project requires completion of an Environmental Impact Statement pursuant to 51.104(b)(1)(i).
You may either complete an EIS or provide a waiver signed by the appropriate authority. Indicate your choice below.
Convert to an EIS
You must start a new environmental review for this project and select “Environmental Impact Statement” as the appropriate level of review.
OK
Upload waiver
Indicate Noise Level here: [numerical field] [insert this number into autofill text below]
Upload noise analysis, including noise level and data used to complete the analysis in the Screen Summary at the conclusion of this screen:
Upload an Environmental Impact Statement waiver from the Certifying Officer or the Assistant Secretary for Community Planning and Development per 24 CFR 51.104(b)(2) in the Screen Summary at the conclusion of this screen:
Next
Question (6)
HUD strongly encourages mitigation be used to eliminate adverse noise impacts. Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review.
Mitigation as follows will be implemented:
Mandatory textbox: This needs to be entered in screen 5000 – Mitigation under noise, Mitigation Measure
Upload drawings, specifications, and other materials as needed to describe the project’s noise mitigation measures in the Screen Summary at the conclusion of this screen.
Screen Summary
No mitigation is necessary.
Mandatory text box if user selected ‘no mitigation necessary’
Explain why mitigation will not be made here:
:
Screen Summary
4000 - EA Factors
4010 - EA Factors – Summary
Business Rules:
[Save and Go Back] sends user to 2005 – Related Federal Laws and Authorities
[Save and Continue] sends user to 4100 – Environmental Assessment
The user should be able to select “save and continue” and proceed to the next screen at any time.
Environmental Assessment Factors [24 CFR 58.40; Ref. 40 CFR 1508.8 & 1508.27]
For more information:
https://www.onecpd.info/environmental-review/environmental-assessments
Impact Codes: Choose from the following impact codes to document the 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
Directions:
The following chart is for the analysis of Environmental Assessment Factors.
Information for the Environmental Assessment Factor can be found on the Office of Environment and Energy Website, which is listed above.
The Impact Code column is a drop down for Impact Codes, which are listed above.
The Impact Evaluation column is for impact analysis; for ALL Impact Codes record the qualitative and quantitative significance of the effects of the proposal on the character, features and resources of the project area. Provide the necessary reviews or consultations that have been completed and applicable permits of approvals have been obtained or noted. Provide citations, including dates/names/titles of contacts, as appropriate.
Use the Mitigation column to explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation Summary for the environmental review.
At the bottom of the screen upload verifiable source documentation as referenced and described in support of each determination, as appropriate.
Environmental Assessment Factor |
Impact Code |
Impact Evaluation |
Mitigation |
Conformance with Plans / Compatible Land Use and Zoning / Scale and Urban Design |
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Soil Suitability / Slope/ Erosion / Drainage and Storm Water Runoff
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output]
[Text
Box – this information will autofill the mitigation screen
and output] |
Hazards and Nuisances including Site Safety and Site-Generated Noise
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output]
[Text
Box – this information will autofill the mitigation screen
and output] |
Energy Consumption/Energy Efficiency |
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Employment and Income Patterns
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Demographic Character Changes / Displacement
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Educational and Cultural Facilities (Access and Capacity)
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Commercial Facilities (Access and Proximity)
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Solid Waste Disposal and Recycling (Feasibility and Capacity)
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Waste Water and Sanitary Sewers (Feasibility and Capacity)
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Water Supply (Feasibility and Capacity)
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Public Safety - Police, Fire and Emergency Medical
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Parks, Open Space and Recreation (Access and Capacity) |
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Transportation and Accessibility (Access and Capacity)
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Unique Natural Features /Water Resources
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Vegetation / Wildlife (Introduction, Modification, Removal, Disruption, etc.)
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
Other Factors
|
|
|
[Text
Box – this information will autofill the mitigation screen
and output] |
[Text
Box]
[Text
Box]
[Text
Box]
[Text
Box]
[Text
Box]
Health
Care /
Social Services (Access and Capacity)
Supporting
documentation
Upload all documents supporting your conclusions in this section here:
4100 – Environmental Assessment Analysis
https://www.onecpd.info/environmental-review/environmental-assessments
*Cumulative Impact Analysis [24 CFR 58.32; 40 CFR 1508.7]:
Identify below the cumulative impact on the environment that will result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over time.
Optional Text box for description
Alternatives [24 CFR 58.40(e); 40 CFR 1508.9]
Identify below other reasonable courses of action that were considered and not selected, such as other sites, design modifications, or other uses of the subject site. Include the benefits and adverse impacts to the environment of each alternative, and the reasons (e.g., economic, engineering, or others) for rejecting it.
Optional
Text box for description
*No Action Alternative [24 CFR 58.40(e); 40 CFR 1502.14]
Identify below the "no action" alternative, describing the most likely conditions expected to exist in the future in the absence of the implementation of any action.
Optional
Text box for description
Additional Studies Performed:
Optional
Text box
[Optional Upload]
List of Sources, Agencies and Persons Consulted [40 CFR 1508.9(b)]:
Optional
Text Box to list sources…..
[Optional
Upload]
List of Permits: Provide a list of permits, reviews, and approvals that are required for project construction.
Optional
Text box for permits – if text was entered it needs to be
displayed on screen 5000 under Permits
*Public
Outreach [24 CFR 50.23 and
58.43]: Provide your FONSI/FOSI notice dissemination
list. Also, describe any additional public meetings and hearings
that were held as part of or were relevant to the environmental
review.
[Mandatory Upload]
Optional
Text box for public outreach
*Summary of Findings and Conclusions:
Identify below the main points of analysis in the Environmental Assessment. The summary should include any potential impacts of the proposed project, both beneficial and potentially adverse. The summary must also discuss any changes to the proposal necessary to avoid significant impacts.
Optional
Text box for description
Save and Continue
Save and Go Back
Business rules:
[Save and Go Back] sends user to 4010 – Environmental Assessment Factors
[Save and Continue] sends user to 5000 – Mitigation
Users should be able to move back and forth at will, regardless of how many or few questions are complete. No questions on this screen are “mandatory,” even though some have asterisks.
5000 - Mitigation Measures and Conditions (50/58)
Business rules:
The user gets routed to here from screen 2005 – Related Federal Laws and Authorities for Exempt, CEST and CENST type of reviews or from screen 4100 – EA Analysis if the review is an EA.
Show this screen for all projects/review types.
The text in the right-hand column should be imported from screens in 2005 – Related Federal Laws and Authorities and 4010 – Environmental Assessment Factors series as noted below and in the affected screens.
Only those laws and authorities where text was entered into the mitigation textbox should be shown on this screen, with the following 2 exceptions
Before proceeding with this screen, review to ensure that you have completed all preceding screens. The mitigation measures and conditions below are generated from information provided in the Law and Authority and EA Factor screens, so it is important that all previous screens be finalized before continuing.
Review the mitigation measures and conditions required of this project below.
Law, Authority, or Factor |
Mitigation Measure or Condition |
Airport Hazards |
[Import text from 2070 - 4/3] [Note: This mitigation box is optional: include ONLY if user typed anything in the optional mitigation text box]
OR
[If user responded ‘This project involves the acquisition or sale of an existing property that will be frequently used or occupied by people’ to Q5, display the following text:
Written notice must be provided to prospective buyers to inform them of the potential hazards from airplane accidents as well as the potential for the property to be purchased as part of an airport expansion project.
|
Airport Runway Clear Zones |
[If user responded Yes to Q2, display the following text:
Written notice must be provided to prospective buyers to inform them of the potential hazards from airplane accidents as well as the potential for the property to be purchased as part of an airport expansion project. |
Flood Insurance |
[If user responded ‘Yes, the community is participating in the National Flood Insurance Program.’ to Q3, display the following text:
For loans, loan insurance or guarantees, the amount of flood insurance coverage must at least equal the outstanding principal balance of the loan or the maximum limit of coverage made available under the National Flood Insurance Program, whichever is less. For grants and other non-loan forms of financial assistance, flood insurance coverage must be continued for the life of the building irrespective of the transfer of ownership. The amount of coverage must at least equal the total project cost or the maximum coverage limit of the National Flood Insurance Program, whichever is less.
|
Clean Air Act |
[Import text from 2010 - 5/Y] |
Coastal Zone Management Act |
[Import text from 2020 - 4] |
Contamination and Toxic Substances |
If 3/2 (either section –2076, 2077): “Contamination mitigation is needed according the requirements for the appropriate Federal, state, or local oversight agency. See supporting documentation for toxics and contamination for specific mitigation requirements.” |
Endangered Species Act |
[Import text from 2025 - 3 unless user checked “No mitigation necessary”] |
Explosive and Flammable Hazards |
[Import text from 2080 - 5] |
Farmlands Protection |
[Import text from 2035 - 4/2] |
Floodplain Management |
[Import text from 2045 – “mitigation”] |
Historic Preservation |
[Import text from 2052 – Step 4/Yes OR Step 4/No/“conditions”] |
Noise Abatement and Control |
[Import text from 2085 - 6/1st text box] |
Sole Source Aquifers |
[Import text from 2055 - 6/1] |
Wetlands Protection |
[Import text from 2060 - 3] |
Wild and Scenic Rivers Act |
[Import text from 2065 - 3] |
|
[Import text from 2090] |
Environmental Justice |
[Import text from 2030 - 3/3] |
Conformance with Plans / Compatible Land Use and Zoning / Scale and Urban Design |
[Import text from mitigation column of 4010] |
Soil Suitability/ Slope/ Erosion/ Drainage/ Storm Water Runoff |
[Import text from mitigation column of 4010] |
[etc… (include all EA factors)] |
[Import text from mitigation column of 4010] |
Permits, reviews, and approvals |
[Import text from permits box on 4100] |
Housing
Requirements (MAP Guide)
If no mitigation measures are required, you may continue to the next page85. Otherwise, describe the Mitigation Plan below.
Mitigation Plan
Explain how the above mitigation measures and conditions will be carried out and monitored. Clearly identify both the persons responsible for implementing and monitoring mitigation measures and the timeframe in which they will be completed. These measures and conditions must be incorporated into project contracts, development agreements and other relevant documents. (40 CFR 1505.2(c))
Mandatory
Text Box or mitigation plan
Attach
the mitigation plan here: [Optional
upload for monitoring plan]
Save and Continue
Save and Go Back
Save
Business Rule:
The navigation buttons are defined as follows:
[Save and Go Back] has two navigation options:
Screen 4100 - Environmental Assessment Analysis if the review is a EA
Screen 2005 – Related Federal Laws and Authorities if the review type is CEST, CENST, or exempt
[Save] saves the data, and the users stays on the screen
[Save and Continue] has the following navigation options:
If the user is a non-RE he will be sent to screen 6205 – End Screen for Consultants – Part 58.
Otherwise the following applies based on review type
Review Type Exempt or CENST -> 6220 – Package Screen (50/58)
Review Type part 58 CEST -> 6210 – CEST Determination (58)
Review Type part 50 CEST and tiered reviews -> 6215 – CEST Determination (50/58)
Review Type EA (50 and 58) -> 6310 – EA Determination – Part 58
6000 Final Screens
Business Rules for Final Screens:
If the user is a consultant, then send the consultant to screen 6205 – Preparer Notification Screen (50/58) in lieu of any other 6000-level of screens. Whenever an RE or HUD user would be routed to a 6000-level screen (6210, 6220, etc), a non-RE User will be routed to this screen.
6205 – Preparer Notification Screen (50/58)
Business Rule:
HEROS needs to give the following screen IF THE USER IS A CONSULTANT or Non-RE Recipient:
Generate and review the preview of the environmental review record, taking special care to ensure that all questions have complete and accurate responses and all supporting documentation. If necessary, use the menu on the left side of this screen to navigate through and edit the previous screens.
Generate Preview of Environmental Review Record
Route the completed environmental review to the Responsible Entity (RE) or HUD preparer. You are strongly encouraged to call the RE or HUD staff person to ensure availability and awareness of the environmental review record.
Send Notification
Enter RE or HUD preparer’s email address:
Send carbon copy to:
Save and Exit
Go Back
Business Rules:
Clicking the [Generate Preview…] button creates the whole Environmental Review Record (ERR) document in a separate window for viewing
After pressing [Send Notification] a timestamp should be created and recorded on the screen to show when (date and time) an email was sent to whom (text in the email address textbox).
Notifications sent to [import emails] at [date timestamp].
[Save and Exit] will send non-HUD users to 1020 – My Environmental Reviews
[Go Back] sends the user to screen 5000 – Mitigation
The system generated e-mail that will be sent at this point to the indicated HUD email address will state the following with the information in green inserted by the system.
You have been identified as a Preparer for a Part 50 or 58 environmental review for
[Name of Project], [HUD Grant Number(s)], [Environmental Review ID #].
An environmental review record has been compiled by [Name of non-RE] and is ready for your review. Go to [link] to complete the review.
The link will send the user to screen 1105 – Initial Screen after log-in. The review will now show up in the users dashboard after they view the review.
6210 – CEST Determination (58)
Environmental Finding
Document your determination by selecting one of the options below:
This project converts to Exempt, per §58.34(a)(12) because there are no circumstances which require compliance with any of the federal laws and authorities cited at §58.5
This project cannot convert to Exempt because there are circumstances which require compliance with one or more federal laws and authorities cited at §58.5.
Complete compliance requirements, publish NOI/RROF and obtain Authority to Use Grant Funds before drawing down funds.
Extraordinary circumstances86 exist and this project may result in significant environmental impact. This project requires preparation of an Environmental Assessment (EA).
Go Back
Save and Continue
Business Rules:
[Save and Continue] navigation rules:
If the first option is selected, send user to 6220 – Package Screen (50/58) and then 6224 - Conversion to Exempt Signature Screen (58)The status of the review changes from CEST to CEST Converted to Exempt
If the second option is selected, send user to 6220 – Package Screen (50/58), and then 6226 –Signature and Posting for Public Comment Screen (58)
If the third option is selected, the user should get a pop-up message saying:
Return to the level of review determination screen and manually change the level of the review for this project to EA. When prompted to do so, indicate that the project has been elevated to an EA based on extraordinary circumstances.
OK
Following the pop-up, the user should be routed to screen 1311 – Level of Review Determination.
6220 - Package Screen (50/58)
Business Rules:
This screen applies to ALL Exempt, CENST, CEST, and EA projects—including tiering and non-tiering.
Generate and review the preview of the environmental review record, taking special care to ensure that all questions have complete and accurate responses and all supporting documentation. It is your responsibility to ensure that the review is complete. If necessary, use the menu on the left side of this screen to navigate through and edit the previous screens.
Generate preview of environmental review record
Save and Continue
Business Rules:
Buttons will have the following actions in order:
Clicking the [Generate Preview…] button creates the whole Environmental Review Record (ERR) document in a separate window for viewing.
There are different ERR formats depending on the level of review and whether or not the review is tiered. See formats for more information.
[Save and Continue] routes the user to the next screen, depending on their level of review and whether the review is part 50 or part 58:
Exempt and CENST projects go to screen 6222 – Exempt and CENST Signature Screen (58)
CEST reviews that converted to exempt (on screen 6210) go to 6224 – Conversion to Exempt Signature and Posting Screen (58)
Reviews that have Converted to Exempt use the CEST Output, with the Determination selected that they have converted to Exempt (first option in the output).
CEST reviews (tiered and non-tiered) go to 6226 –Signature and Posting for Public Comment Screen (58)
EA reviews (tiered and non-tiered) go to 6320 – EA Signature and Posting Screen (58)
6222 – Exempt and CENST Signature Screen (58)
Business Rules:
This screen should be used for Exempt and CENST projects.
Step One:
Print the signature page. After the necessary signatures are obtained, scan and upload the document.
Print Signature Page
Upload signed signature page:
Step Two:
Indicate the date the Environmental Review Record was signed: [Select Date]
Step Three:
Generate your final Environmental Review Record for your records.
Generate Final Environmental Review Record
Save and Finish
Save and Exit
Go Back
Business Rules:
Clicking [Print Signature Page] creates a pop-up of the signature page in word form.
Only after the signed signature page has been uploaded can the user generate the final ERR. The complete ERR has to include the signed scanned in signature page.
Navigation:
[Go back] routes the user to screen 6220 – Package Screen (50/58).
[Save and Exit] routes the user to screen 1020 – My Environmental Reviews
The button [Save and Continue] is not available until the signature page has been uploaded and a date has been provided.
For Exempt/CENST after the user clicks on [Save and Finish] he will get the following pop-up message:
Congratulations!
You have indicated that your environmental review is now complete.
Note: it is your responsibility to ensure that the review was completed properly. You can still make changes to update your review at any time.
OK
Once the user clicks on [OK] he will be sent to screen 1020 – My Environmental Reviews.
At that point, the review’s status is updated to “Complete” or “Complete, conditioned on mitigation.”
6224 – Conversion to Exempt Signature Screen (58)
Business Rules:
This screen should be used for non-tiered CEST projects that Convert to EXEMPT (those that selected the first option on screen 6210 – CEST Determination – Part 58).
Print the signature page. After the necessary signatures are obtained, scan and upload the document.
Print Signature Page
Upload signed signature page:
Indicate the date the Environmental Review Record was signed: [Select Date]
Save and Continue
Go Back
[Save and Continue] routes the user to screen 6600 – Complete and Archive Review (50/580
[Save and Go Back] routes the user to screen 6220 – Package Screen (50/58)
Reviews that Convert to Exempt must use the CEST Signature Pages and Outputs.
6226 – CEST Signature and Posting for Public Comment Screen (58)
Business Rules:
This screen should be used for tiered and non-tiered CEST projects that did not convert to exempt (those that selected the second option on screen 6210 – CEST Determination – Part 58).
Step One: Print the signature page. After the necessary signatures are obtained, scan and upload the document.
Print Signature Page
Upload signed signature page:
Indicate the date the Environmental Review Record was signed: [Select Date]
Step Two: Indicate the closing date of the public comment period: Click here to select a date.
Step Three: Provide the address (email and/or street address) where the public should direct their comments during the public comment period:
[200 character text box]
Step Four: Generate your complete Environmental Review Record for posting on the HUD website for public comment. Pressing this button will cause your Environmental Review Record to be posted at [HYPERLINK] within 24 hours for the duration of the public comment period. You may wish to provide a link to this website when publishing or posting your NOI-RROF.
Generate & Post Environmental Review Record
Go Back
Save and Exit
Save and Continue
Business Rules:
Clicking [Print Signature Page] creates a pop-up of the signature page in word form.
Only after the signed signature page has been uploaded can the user generate and post the ERR. The complete ERR has to include the signed scanned in signature page (minus the RROF and AUGF) for packaging and posting to the HUD website. The user can save a copy for his own records at this point.
The Environmental Review Record files posted to OneCPD will be marked either “PT” or “PN” on the OneCPD website.
P = public comment
T = tiered
N = non-tiered
Navigation:
[Go Back] routes the user to screen 6220 – Package Screen (50/58)
For tiered and non-tiered CEST projects [Save and Continue], will lead to screen 6230 – NOI-RROF – Part 58
6230 - Notice of Intent to Request Release of Funds (NOI-RROF) (58)
Business Rules:
This screen applies to tiered and non-tiered CEST reviews and follows screen 6226 –Signature and Posting for Public Comment Screen where applicable.
All questions below should appear immediately (this is in contrast to previous versions of this screen, in which the questions about public comments appeared only after the user answered previous questions). Those questions that apply only if the user received public comments are optional.
Notice of Intent to Request Release of Funds (NOI-RROF)
Indicate means of providing public notice of NOI-RROF (may select more than one):
Published
Posted
Click here if you are combining RE and HUD public comment periods because (under Part 58.33)) funds are needed on an emergency basis, and adherence to separate public comment periods would prevent the giving of assistance during a Presidentially-declared disaster or during a local emergency that has been declared by the chief elected official of the responsible entity who has proclaimed that there is an immediate need for public action to protect the public safety.
Did you receive any public comments?
No
Yes
If you did receive public comments, upload both comments received and your responses, including a summary of any changes made, here:
[Optional
text box to describe changes]
[Optional upload]:
If you decided to make changes to the environmental review in response to public comments, integrate those changes into the appropriate sections now. Use the side menu to navigate.
Go Back
Save and Continue
Business Rules:
[Go Back] sends the user back to screen 6226 –Signature and Posting for Public Comment Screen (58)
[Save and Continue] routes the user to screen 6400 – Request for Release of Funds
6300 Part 58 EAs
The user gets here only after he completed all level 4000 screens.
6310
– EA Determination (50/58)
Environmental Finding
Document your finding by selecting one of the options below:
Finding of No Significant Impact (FONSI)
Finding of Significant Impact.
An Environmental Impact Statement is required before funds can be committed or drawn down.
Go Back
Save and Continue
Business Rules:
The Environmental Finding indication will be populated into the output under Environmental Finding.
[Go Back] If user indicated on screen 1365 – Cooperating Agency (50/58) that they are a cooperating agency, [Go Back] routes to screen 1365 – Cooperating Agency (50/58), otherwise [Go Back] sends the user back to screen 5000 – Mitigation Measures and Conditions
[Save and Continue] sends the user to screen 6220 –Package Screen (50/58) followed by screen 6320 - EA Signature and Posting Screen (58) (if the project is part 58) or to screen 6220 –Package Screen (50/58) followed by screen 6350 - Certification (50) (if project is part 50).
6320 – EA Signature and Posting Screen (58)
Business Rules:
This screen should be used for EA level reviews arriving here from screen 6220 – Package Screen – Part 58
Step 1: Print the signature page. After the necessary signatures are obtained, scan and upload the document.
Print Signature Page
Upload signed signature page:
Indicate the date the Environmental Review Record was signed: [Select Date]
Was the final determination?
Finding of No Significant Impact (FONSI)
Finding of Significant Impact (FOSI)
If user selected “FONSI”:
Step 2: Indicate the closing date of the public comment period: Click here to select a date.
Step 3: Provide the address (email and/or street address) where the public should direct their comments during the public comment period:
[200 character text box]
Step 4: Generate your complete Environmental Review Record for posting on the HUD website for public comment. Pressing this button will cause your Environmental Review Record to be posted at [HYPERLINK] within 24 hours for the duration of the public comment period. You may wish to provide a link to this website when publishing or posting your NOI-RROF.
If user selected “FOSI”:
An Environmental Impact Statement is required before funds can be committed or drawn down. Archive this review on the next screen. Then start a new review and select Environmental Impact Statement (EIS) as the level of review.
Generate & Post Environmental Review Record
Go Back
Save and Exit
Save and Continue
Clicking [Print Signature Page] creates a pop-up of the signature page in word format.
Only after the signed signature page has been uploaded and “FONSI” has been selected can the user post the review using the [Generate & Post] button. The complete ERR has to include the signed scanned in signature page (minus the RROF and AUGF) for packaging and posting to the HUD website. The user can save a copy for his own records at this point.
If the user selects “FOSI,” the [Generate & Post] button should not be made available.
For reviews that select FONSI:
Users should be shown steps 2-4
HEROS should post full word documents to HUD website when the user selects the [Generate & Post]button. The file should be ‘dumped’ into the ‘public comment folder. The filename should conform to rules discussed with ICF.
[Save and Continue] will lead to screen 6330 – NOI-RROF and Notice of FONSI
For reviews that select FOSI:
Users should be shown the final two sentences regarding completion of an EIS.
[Save and Continue] will lead to screen 6600 – Complete and Archive Review
[Save and Continue] will change the status of the review to FOSI
6330 - Notice of Intent to Request Release of Funds (NOI-RROF) and Notice of Finding of No Significant Impact (FONSI) for EA projects only (58)
Indicate means of providing public notice of NOI-RROF and FONSI (may select more than one):
Published
Posted
Did you combine the FONSI and NOI-RROF Notices so that the public comment periods for the Notices run concurrently?
Yes
No
[These two are optional to be answered by the user]
Did you receive any public comments?
No
Yes
If you did receive public comments, respond to the following questions. If you did not receive public comments, you may selected “save and continue” to proceed to the next page.
Indicate whether comments were on NOI-RROF and/or FONSI
[multiple selection possible, response is optional]
NOI-RROF
FONSI
Upload both comments received and your responses, including a summary of any changes made, here:
Optional text box to describe changes….
[optional upload]
If you decided to make changes to the environmental review in response to public comments, integrate those changes into the appropriate sections now. Use the side menu to navigate.
Did you change your Finding of No Significant Impact (FONSI) to a Finding of Significant Impact (FOSI)?
[Response to this question is optional]
No
Yes
[If user selects “Yes”’ display the following: ]
A Finding of Significant Impact requires you to complete an Environmental Impact Statement before you can proceed with the project and submit a Request for Release of Funds. You are strongly advised to contact your Field Environmental Officer for more guidance on the preparation of an Environmental Impact Statement. Complete a new signature page before continuing.
Print Signature Page
Upload signed signature page:
Indicate the date the Environmental Review Record was signed: [Select Date]
Archive this review on the next screen. Then start a new review and select Environmental Impact Statement (EIS) as the level of review.
Go Back
Save and Continue
Business Rule:
[Go Back] has two navigational options:
Non-tiered reviews get routed to screen 6230 – Notice of Intent to Request Release of Funds
Tiered Reviews get routed to screen 1230 – Tiered Review: Review Upload
[Save and Continue] navigation depends on the answer to the the last question “Did you change your Finding of No Signification Impact to a Finding of Significant Impact,”
If the user selects [Yes] they will have to complete a new signature page. Several new questions will appear and [Save and Continue] will then route them to screen 6600 – Complete and Archive Review
If the user selects [No] to the last question , then [Save and Continue] will route them to screen 6400 – Request for Release of Funds.
6400/7015.15 - Request for Release of Funds (58)
Business Rules:
All imports below should be editable textboxes with text auto filled from previous screens.
All text and checkboxes on screen are optional (user should be able to save and continue or exit without completing any boxes)
Part 1 may be edited by any user with 7015.15 edit privileges (“7015.15: Prepare”).
Part 2 may be edited only by RE users with 7015.15 privileges (“7015.15: sign as RE”).
Part 3 may be edited only by Non-RE Recipient users with 7015.15 privileges. (“7015.15: sign as Non-RE”).
Part 4 may be edited by any user with 7015.15 edit privileges (“7015.15: Prepare”).
7015.15
– Request for Release of Funds and Certification
This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number.
If
all required users are not able to complete this form within HEROS at
this time, please upload a completed 7015.15 form here:
Part 1. Program
Description and Request for Release of Funds (to be completed by
Responsible Entity)
[Part 1 may be edited by RE users with 7015.15 prepare privilege]
Program Title(s): [import Program Name(s) from 1105 funding chart, separated by commas]
HUD/State Identification Number: [import grant number(s) from 1105 funding chart,
separated by commas]
Recipient Identification Number (optional): [import State/Local Identifier from 1105]
OMB Catalog Number(s)89: [blank textbox]
Name and address of Responsible Entity: [import from 1105]
[import name of RE from 1105]
[import RE address from 1105]
For information about this request, contact:
Name: [import RE preparer name from 1105]
Phone number: [import RE preparer phone number from 1105]
Name and address of recipient (if different than responsible entity):
[import name of organization, if any, from 1105]
[import address of organization, if any, from 1105]
HUD and/or State Agency and office unit to receive request:
[Blank textbox, allowing multiple lines of text]
The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following
Program Activity(ies)/Project Name(s): [import project name]
Location (street address, city, county, State):
[import street address from 1125 or 1220]
[import location information from 1125 or 1220]
Program Activity/Project Description
[import project description from 1125 or 1220]
Part 2.
Environmental Certification (to be completed by Responsible Entity)
[Part 2 may be edited only by RE users with 7015.15 sign as RE privileges]
☐ With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that:
The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above.
The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws.
The responsible entity has assumed responsibility for and complied with and will continue to comply with Section 106 of the National Historic Preservation Act, and its implementing regulations 36 CFR 800, including consultation with the State Historic Preservation Officer, Indian tribes and Native Hawaiian organizations, and the public.
After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part 1 of this request, I have found that the proposal ☐did ☐did not require the preparation and dissemination of an environmental impact statement.
The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure.
The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58.
In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project.
☐ As the duly designated certifying official of the responsible entity, I also certify that
I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity.
I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity Name of Certifying Officer of the Responsible Entity.
Name of Certifying Officer: [blank textbox]
Title of Certifying Officer: [blank textbox]
Date: [blank textbox]
Address of Certifying Officer: [import RE address from 1105]
Part 3. To be
completed when the Recipient is not the Responsible Entity
[Part 3 may be edited only by Non-RE Recipient users with 7015.15 sign non-RE privileges.]
The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR 58.71(b).
Name of Authorized Officer: [blank textbox]
Title of Authorized Officer: [blank textbox]
Date: [blank textbox]
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
[These boxes should allow for multiple email addresses, if possible]
After email is sent, show:
Notification sent to [import email] at [date timestamp].
HUD’s comment period begins after HUD receives the RROF. No further action is necessary at this time.
Note: HUD will assume the validity of the RROF and Certification and approve these documents after the expiration of the 15-day period unless it has knowledge that these documents are insufficient or inaccurate or it receives valid objections. (See 24 CFR § 58.72) If after approving a certification and RROF, HUD learns of a violation of 24 CFR § 58.22 or another applicable environmental authority, HUD shall impose appropriate remedies and sanctions at that time. HUD’s ability to review documents through HEROS creates no new obligations on HUD to verify the accuracy of the documents created using this system prior to approving the certification and RROF.
Send a link to HUD form 7015.15 by entering an email address and selecting the “Send Notifications” button. Enter a message to the recipient using the textbox below.
Mandatory textbox
Send email to:
Your email (will be sent carbon copy):
Send Notifications
Save and Continue
Save and Exit
Go Back
Business Rules:
[Save and Exit] is always available. It saves the review and routes the user to screen 1020 – My Environmental Reviews. For tiered reviews it should lead to 1030 – My Tiered Reviews.
[Go Back] leads to screen 6230 – NOI-RROF if the review type is CEST, to screen 6330 – NOI-RROF (EA) if the review type is EA, or to screen 1370 if the review is an EIS.
[Save and Continue] leads to 6500/7015.16 - AUGF
After the user selects [Send Notifications] the system will send the notifications to the entered e-mail addresses and show a timestamp of date and time the emails were sent and to what email address they were sent. This record-keeping will be important and will be used in reports and for audit purposes
When the user selects the [Send Notification] button, the following system-generated email should go to the indicated recipients
[date,
time]
To: [email address(es) this message was sent to]
A HUD form 7015.15, Request for Release of Funds (RROF), for [Name of Project], [HUD grant number(s)] for [Responsible Entity] is ready for your review. The RROF may now be viewed at: [link to screen 7015.15 - RROF]
[Name of user who sent notification] prepared the following comments:
[Import message]
You may direct any questions to [email address entered for carbon copy].
6500/7015.16 - Authority to Use Grant Funds (58)
Business Rules:
This screen is editable by HUD Program Staff Person, State Agency User with AUGF Privileges and viewable by all RE users.
All text and checkboxes on screen are optional (user should be able to save and continue or exit without completing any boxes)
Parts 1 & 3 may be edited by HUD users with 7015.16 prepare privileges
Part 2 may be edited only by HUD users with 7015.16 sign privileges
All of the imported text should be in editable textboxes
The questions on the entire screen should appear all at once.
7015.16
– Authority to Use Grant Funds
Part 1:
Do not complete this screen until all appropriate waiting periods have elapsed.
Were any objections received to releasing the funds?
No
Yes
If yes, upload objections received and the response:
If
all required users are not able to complete this form within HEROS at
this time or if this review requires the approval of both HUD and a
state agency, please upload a completed 7015.16 form here:
To: (Name & address of Grant Recipient & name & title of Chief Executive Officer)
[Textbox allowing several lines of text]
[import Name of Certifying Officer from 7015.15]
[import Title of Certifying Officer from 7015.15]
[import name of RE from 7015.15]
[import RE address from 7015.15]
Copy To: (Name & address of SubRecipient)
[import name of organization, if any, from 7015.15]
[import address of organization, if any, from 7015.15]
We received your
Request for Release of Funds and Certification, form HUD-7015.15 on:
[date
RROF notification email was sent]
Your Request was for HUD/State Identification Number: [import number from 7015.15]
[import Program Activity/Project Description from 7015.15 in Textbox allowing several paragraphs of text]
Part 2:
All objections, if received, have been considered. And the minimum waiting period has transpired.
You are hereby authorized to use funds provided to you under the above HUD/State Identification Number.
File this form for proper record keeping, audit, and inspection purposes.
Name of Authorizing Officer: [blank textbox]
Title of Authorizing Officer: [blank textbox]
Date: [blank textbox]
Part 3:
Send a link to this HUD form 7015.16 by entering an email address and selecting the “Send Notifications” button. Enter a message to the recipient using the textbox below.
Mandatory textbox
Send email to:
Your email (will be sent carbon copy):
Send Notifications
Allow for multiple e-mail addresses
Go Back
Save and Continue
Business Rules:
If HUD Program Staff Person or State CDBG Staff is completing the screen, [Save and Continue] routes them to screen 1020
If RE Staff views the screen, [Save and Continue] routes them to screen 6600 for all levels of reviews except EIS. EIS-level reviews are routed to 6605
The date that is selected for the AUGF being signed by HUD, will be the date the environmental review is COMPLETE or COMPLETE, CONDITIONED ON MITIGATION. This date is important for a future report.
When the user selects the [Send Notifications] button, the following system-generated email should go to the indicated recipients
[date, time],
To: [email address(es) this message was sent to]
A HUD form 7015.16, Authority to Use Grant Funds (AUGF), for [Name of Project], [HUD grant number(s)], for [Responsible Entity] is ready for your review. The AUGF may now be viewed at: [link to screen 7015.16 - AUGF]
[Name of user who sent notification] prepared the following comments:
[Import message]
You may direct any questions to [email address entered for carbon copy].
6600 – Complete and Archive Review (50/58)
Business Rules:
This screen should be made available on the side menu at the same time as the Final Screens.
When user selects “Archive”:
HEROS needs to create a new pdf that is the full ERR. HEROS should automatically post full pdf to HUD website in the Archives section
If the review was previously archived to the OneCPD site, the new version should replace the old version.
Reviews that have Converted to Exempt use the CEST Output, with the Determination selected that they have converted to Exempt (first option in the output).
The second button (whether “finish” or “exit”) will depend on whether the review has already been finished.
If the review has not previously been archived and finished, the “Finish” button should be made available only after the first time a review is archived. When the user selects the “finish” button:
The user should get the following pop-up:
Congratulations! You have indicated that your environmental review is now complete.
Note: it is your responsibility to ensure that the review was completed properly. You can still make changes to update your review at any time.
OK
The user is routed to screen 1020 – My Environmental Reviews if the review is not tiered. If the review is a tiered review, the user is routed to screen 1030 – My Tiered Reviews,
The review is marked either “Complete” (if NO mitigation measures or conditions are listed on screen 5000), “Completed, Conditioned on Mitigation” (if mitigation measures or conditions ARE listed on screen 5000), or FOSI (if the review was an EA that made a FOSI determination), AND
The date that is selected for the AUGF being signed by HUD on screen 6500, will be the date the environmental review is COMPLETE or COMPLETE, CONDITIONED ON MITIGATION.
If the review has previously been archived and finished, instead of a “Finish” button, the user will see an “Exit” button. Pressing the “Exit” button routes the user to either 1020 (if the review is not tiered) or 1030 (if the review is tiered).
Environmental review record files posted from this screen will be marked for the File Naming Convention either “AT” or “AN.”
A = Archived
T = Tiered
N = Non-tiered
Tiered reviews will be marked “AT.”
Non-tiered reviews will be marked “AN.”
Reviews coming from 6224 will have their ERR marked “AN.”
Reviews will be posted to the Archive section of the OneCPD site. Non-tiered reviews will remain posted for 1 year following the last time the review is archived. Tiered reviews will remain posted for 5 years following the last time the review is archived.
Screen:
Archive the Environmental Review Record. Pressing the Archive button will update and archive the complete Environmental Review Record on the HUD website at [HYPERLINK] within 24 hours.
[Button that says “Archive”]
You may continue to update the Environmental Review Record after it has been archived. If this review is conditioned on completing mitigation, you are required to continue updating the review to document mitigation as it is completed. If this is a tiered review, site-specific reviews must be uploaded as they are completed. After each update, please return to this screen and press the Archive button to update the archived version of the environmental review record.
Finish OR Exit
6605 – Complete Reviews (50/58)
Business Rules:
Because EISs and part 50 CENST reviews are not archived, they do not get the usual 6600. Instead, EIS level reviews will be routed this screen.
When the user selects the “finish” button:
The user should get the following pop-up:
Congratulations! You have indicated that your environmental review is now complete.
Note: it is your responsibility to ensure that the review was completed properly. You can still make changes to update your review at any time.
OK
The user is routed to screen 1020 – My Environmental Reviews. If the review is a tiered review, the user is routed to screen 1030 – My Tiered Reviews,
The review is marked Complete, AND
The date that is selected for the AUGF being signed by HUD will be the date the environmental review is COMPLETE.
Screen text:
To complete your review, press the “Finish” button below.
Finish
7000 - Mitigation Follow-Up (50/58)
Business Rules:
This screen should be created/used only for “Complete, Conditioned on Mitigation” projects. Same for 50 and 58. The user gets here from 1020 – My Environmental Reviews by selecting the desired ER ID with status of either completed or completed, conditioned on mitigation. At this point the menu option on the left would also have the link to [Mitigation Follow-up].
First two columns should appear exactly as they do in Screen 5000 – Mitigation Measures and Conditions. (Again, show only those factors that require mitigation.)
In the third and fourth columns, users should be able to be able to attach documents and text (respectively) information on completed mitigation measures.
When the user decides that the factor/row is complete, the user may check “complete” in the fifth column.
When all measures are marked “complete” in the fifth column, the review’s status should remain “complete, conditioned on mitigation.”
Review the mitigation measures required of this project below. Follow up on any measures by uploading documentation showing that the measures were carried out. When each measure is completed, check the box in the “Complete” column.
When you have finished updating this screen, update the archived version of the Environmental Review Record on the Complete and Archive Review screen.
Law, Authority, or Factor |
Mitigation Measure |
Upload Documentation |
Comments |
Cost Incurred |
Complete |
Airport Hazards |
[Import text from 5/Y] |
|
[Optional textbox] |
[Optional textbox for dollar amount] |
|
Airport Runway Clear Zones |
[Import text from 3] |
|
[Optional textbox] |
[Optional textbox for dollar amount] |
|
Flood Insurance |
[Import text from 3] |
|
[Optional textbox] |
[Optional textbox for dollar amount] |
|
Clean Air Act |
[Import text from 3/3] |
|
[Optional textbox] |
[Optional textbox for dollar amount] |
|
[etc… (include all EA factors)]
|
“ |
|
[Optional textbox] |
[Optional textbox for dollar amount] |
|
Save and Continue
Save and Exit
[Save and Exit] routes user to 1020 – My Environmental Reviews.
[Save and Continue] button routes user to screen 6600 – Complete and Archive Review.
This chart should be the same chart as in screen 5000 – Mitigation Measures and Conditions (i.e., the Laws and Authorities rows should be sorted in the same order as on screen 5000 – Mitigation Measures and Conditions, which is structured as screens 2005 – Related Federal Laws and Authorities and screen 1251 - Tiered Reviews: Related Federal Laws and Authorities.
1200 – Tiering
Business Rules:
When the user selects [Start a new broad level / Tier 1 review] in screen 1030 – My Tiered Reviews he will first get to screen 1101- Review Type asking for selection of Review Type. Following screen 1101 – Review Type, he will be routed to screen 1105 – Initial Screen.
From screen 1105 – Review Type, part 58 reviews will be routed to screen 1210 – Tiered Review: Level of Review (58).
1210 - Tiered Review: Level of Review (58)
What level of review is required by the scope of the project?
Select the applicable CEST Citation(s):
http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/24cfr58.35.pdf
50.35(a)(1)
50.35(a)(2)
50.35(a)(3)
50.35(a)(4)
50.35(a)(5)
Save and Continue
Save and Go Back
Business Rules:
[Save and Go Back] routes the user to screen 1105 – Initial Screen
[Save and Continue] routes the user to screen 1220 – Tiered Review: Project Summary
Depending on the drop-down selection for level of review the next screen will be displayed with the appropriate action for the user to take. The full tiering navigation is listed below as well as in each screen section.
CEST Tiered Review Navigation:
If [“Categorical exclusion subject to the Federal laws and authorities cited in § 58.5 (CEST)“] is selected in the level of review drop-down, the user will also have to select in the second drop-down the applicable CEST citations. This is a multiple choice selection.
Following this screen, the user will be sent to screen 1220 –Tiered Review: Project Summary
Following 1220 – Tiered Review: Project Summary, the user will go to screen 1251 –Tiered Review: Related Laws and Authorities
Following 1251 –Tiered Review: Related Laws and Authorities, the user will go to screen 1252 –Tiered Review: Written Strategy
Following 1252 –Tiered Review: Written Strategy, the user will go to screen 6215 –CEST Determination for all RE staff users. Consultants would go to screen 6205 – Preparer Notification Screen.
Following 6215 – CEST Determination , the user will go to screen 6220 - Package Screen and follow the navigation indicated on that screen
EA Tiered Review Navigation:
If [“Environmental Assessment (EA)”] is selected in the level of review drop-down, the user will be sent to screen 1220 –Tiered Review: Project Summary
Following 1220 –Tiered Review – Project Summary, the user will go to screen 1230 –Tiered Review: EA Upload
Following 1230 –Tiered Review: EA Upload, the user will go to screen 6220 – Package Screen, and follow the routing as indicated on that screen
EIS Tiered Review:
If [“Environmental Impact Statement (EIS)”] is selected in the level of review drop-down, the user will be sent to screen 1220 – Tiered Review: Project Summary
Following 1220 – Tiered Review: Project Summary, the user will go to screen 1370 – Environmental Impact Statement
Following 1370 – Environmental Impact Statement, the user will follow the navigation indicated on that screen
1220 - Tiered Review: Project Summary (50/58)
Business Rule:
The user is routed to this screen following screen 1210 - Tiered Review: Level of Review (58) (if part 58) or screen 1215 – Tiered Review: Level of Review (50) (if part 50).
Drop Down lists for duration and area size are single selection only
When the user selects “more than one square mile” he also needs to provide narrative justification to explain.
*Description of the Proposed Project [24 CFR 50.21; 24 CFR 58.32; 40 CFR 1508.25]:
Provide a project description that captures the maximum anticipated scope of the proposal. It should include all contemplated actions which logically are, either geographically or functionally, a composite part of the project, regardless of the source of funding. Describe all physical aspects of the project, such as plans for multiple phases of development, size and number of buildings, and activities to be undertaken. Include details of the physical impacts of the project, including whether there will be ground disturbance. If applicable, indicate whether the project site will require acquisition or if the sponsor already has ownership.
Long Narrative text box for project
description.
*Project Location
If more than one zip code may be affected, select a representative zip code to validate. If you cannot validate the location now, be sure to do so before completing the review. In the Location Information text box specify street addresses and/or geographic boundaries where applications will be accepted or where projects will be selected.
Attach a map or photographs from a site visit in addition to a text description if appropriate.
Validate Address
* Location Information:
Text Box for additional location information.
File
Upload: [Optional map or photograph upload]
Approximately how large is the project area (geographic area where applications will be accepted or projects will be selected)?
Explain:
Mandatory Text Box when selecting “more
than one square mile” only.
What activities are involved in the project? (Check all that apply.)
Acquisition
Leasing
Maintenance90
Repair/Improvement/Rehabilitation
New construction/Reconstruction
Demolition
Disposition
Removal of architectural barriers
Soft Costs91
What length of time does this tiered review cover?
What is the maximum number of dwelling units or lots that will be addressed by this tiered review?
Numerical Entry Field
Save and Continue
Save and Go Back
Business Rules:
[Save and Go Back] routes to 1210 - Tiered Review: Level of Review - part 58 (if part 58) or 1215 – Tiered Review: Level of Review – part 50 (if part 50).
[Save and Continue] has the following navigation options:
CEST type reviews will be sent to screen 1251 –Tiered Review: Related Laws and Authorities.
EA type reviews users will be sent to screen 1230 –Tiered Review: Review Upload
EIS type reviews will be sent to screen 1370 – Environmental Impact Statement.
1230 - Tiered Review: EA Upload (50/58)
Business Rules:
The file upload should allow for the upload of a full review as one big scanned document or for separate files.
Upload your completed Broad Level Review here:
In the broad level review, identify and evaluate those issues ripe for decision and exclude those issues not relevant to the policy, program, or project under consideration. The broad review should also establish the policy, standard, or process to be followed in the site-specific review.
The Broad Level Review should be completed and signed and include a Finding of No Significant Impact (FONSI) or other determination as appropriate. If a Finding of Significant Impact (FOSI) was made, an Environmental Impact Statement (EIS) is required. Use the side menu to navigate to the Tiered Review: Level of Review screen and change the level of review to EIS.
File
Upload:
Save and Go Back
Save and Continue
Navigation:
[Save and Go Back] routes the user back to screen 1220 – Tiered Review: Project Summary
[Save and Continue] sends the user to screen 6220 – Package screen
1251 –Tiered Review: Related Laws and Authorities (50/58)
Business Rules:
The user will indicate compliance with the 17 laws and regulations by clicking “Yes” or “No” to the question “Was compliance achieved at the broad level of review?”
If the user selects “Yes” they will use the description column text field on this screen to provide narrative information on how compliance was achieved and also allow for upload of applicable documentation. This can be an upload of multiple files. The screen must allow for a description of up to 7 paragraphs (or 1 full page of characters) worth of text for each law and authority.
If the user answers “No” they will not be able to enter anything into the description column on this screen, but will fill out a written strategy for that compliance factor on screen 1252 – Tiered Review: Written Strategy. Screen 1252 – Tiered Review: Written Strategy will not show those laws and authorities for which the user selected ”Yes” on screen 1251 – Tiered Review: Related Laws and Authorities, but will show only those laws and authorities where the user selected ”No” or did not select a response.
Directions: Indicate whether compliance was achieved at the broad level review for each law and authority. If you have determined that due to the nature of the program, compliance has been achieved at the broad level of review and there is no need for additional follow up at site-specific level, check “Yes.” If further review at a site-specific level is needed, check “No.”
If compliance was achieved at the broad level, describe how and provide your source documentation. If necessary, summarize the supporting documentation and provide page numbers.
As a reminder, state and local requirements may differ from Federal requirements, and compliance with one does not guarantee compliance with the other.
|
Was compliance achieved at the broad level of review? |
Describe here compliance determinations made at the broad level and source documentation. |
Supporting Compliance Documentation Uploads |
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.6 |
|||
Airport Hazards (Clear Zones and Accident Potential Zones) [24 CFR Part 51 Subpart D] |
Yes No
|
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Coastal Barrier Resources Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501] |
Yes No
|
|
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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
|
|
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STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR 50.4 & 58.5 |
|||
Air Quality [Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93] |
Yes No
|
|
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Coastal Zone Management [Coastal Zone Management Act, sections 307(c) & (d)] |
Yes No
|
|
|
Contamination and Toxic Substances [24 CFR 50.3(i) & 58.5(i)(2)] (HUD Standard) |
Yes No
|
|
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Endangered Species [Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402] |
Yes No
|
|
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Explosive and Flammable Hazards (Above-Ground Tanks) [24 CFR Part 51 Subpart C] (HUD Standard) |
Yes No
|
|
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Farmlands Protection [Farmland Protection Policy Act of 1981, particularly sections 1504(b) & 1541; 7 CFR Part 658] |
Yes No
|
|
|
Floodplain Management [Executive Order 11988, particularly section 2(a); 24 CFR Part 55] |
Yes No
|
|
|
Historic Preservation
|
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
|
|
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Wetlands Protection [Executive Order 11990, particularly sections 2 & 5] |
Yes No
|
|
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Wild and Scenic Rivers [Wild and Scenic Rivers Act of 1968, particularly section 7(b) & (c)] |
Yes No
|
|
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ENVIRONMENTAL JUSTICE |
|
||
Environmental Justice [Executive Order 12898] |
Yes No
|
|
|
Compliance
Factors: Statutes, Executive Orders, and Regulations listed at
24 CFR 50.4, 58.5, and §58.6
[National
Historic Preservation Act of 1966, particularly sections 106 &
110; 36 CFR Part 800]
Save and Continue
Save and Go Back
Business Rules:
[Save and Go Back] sends the user to screen 1220 – Tiered Review: Project Summary
[Save and Continue] sends the user to screen 1252 – Tiered Review: Written Strategy. Users should be able to navigate to screen 1252 – Tiered Review: Written Strategy prior to completing all of screen 1251 – Tiered Review: Related Laws and Authorities.
1252 –Tiered Review: Written Strategy (50/58)
Business Rules:
This section of the screen will display all compliance factors that the user answered “No” and those compliance factors for which the user has not yet chosen a response to in screen 1251 - Tiered Review: Related Laws and Authorities. The display order of the factors to be shown should be the same order as on 1251, with Housing Requirements never being displayed.
The user should be able to click [Save and Go Back] to return to screen 1251 - Tiered Review: Related Laws and Authorities. Only after all items have either a [Yes/No] checked on screen 1251 - Tiered Review: Related Laws and Authorities can the user click on [Save and Continue] on this screen.
The navigation for [Save and Continue] depends on the user roles.
RE users and HUD/part 50 users get sent to screen 6215 – Tiered CEST Determination.
Non-RE users (consultants/recipients) get sent to screen 6205 – End Screen for Non-RE users – Part 58.
The example below is based on the user having answered “No” to [Coastal Zone Management] and to [Farmlands Protection].
Written Strategy
In the section below, provide the policy, standard, or process to be followed in the site-specific review for each law, authority, and factor that will require completion of a site-specific review.
*Coastal Zone Management [Coastal Zone Management Act, sections 307(c) & (d)]
Long Narrative Box
*Farmlands Protection [Farmland Protection Policy Act of 1981, particularly sections 1504(b) & 1541;
7 CFR Part 658]
Long Narrative Box
Provide all supporting documentation, including a site-specific checklist, here:
File
Upload:
Save and Go Back
Save and Continue
6215 – CEST Determination (50/58)
Business Rule:
This follows from screen 1252 –Written Strategy (for tiered reviews) or 5000 – Mitigation for non-tiered part 50 reviews. This screen is not used for part 58 non-tiered reviews.
Environmental Finding
Document your determination by selecting one of the options below:
Extraordinary circumstances92 exist and this project may result in significant environmental impact. This project requires preparation of an Environmental Assessment (EA).
There are no extraordinary circumstances which would require completion of an EA, and this project may remain CEST.
Go Back
Save and Continue
Business Rules:
If the first option is selected and this is a tiered review, the user should get the following pop-up:
This project requires an
Environmental Assessment. You must start a new
tiered review for
this project and select “Environmental Assessment” as
the appropriate level of review.
OK
If the user clicks on [OK] on the pop-up he will be sent to screen 1030 – My Tiered Reviews
If the second option is selected, send user to 6220 – Package Screen, and follow the navigation on that screen.
1240 - Site-Specific or Second Tier Reviews (50/58)
Business Rules:
If the user selects to add a site-specific review in screen 1030 – My Tiered Reviews he will be sent to this screen.
There should be no limit to how many site specific reviews can be added per broad level review.
Once the user adds all files for the first site-specific review he can add another one by clicking on [Add] which will request the same information for the next site-specific review.
If the user is done with the site-specific information he can either click [Save and Exit] and be sent back to screen 1030 – My Tiered Reviews or [Save and Continue] and be sent to screen 6600 – Complete and Archive Review.
Ensure that the information provided on this screen and in the attached documents does not violate HUD’s guidance on sensitive information. Be cautious when providing information that may endanger certain types of projects, such domestic violence shelters. If your project location is sensitive and should be kept confidential, disclose neither the street address93 nor the services provided94 by the facility. Note that to maintain a degree of privacy does not mean a diminution of the environmental review responsibility. The same level of technical analysis and performance of environmental review requirements must be achieved in compliance with HUD environmental regulations.
Text box for review name.
Site-Specific Review Name95:
Validate Address
Upload
your completed Site-Specific or Second Tier Review here:
Add
Save and Exit
Save and Continue
1 Text tip: Choose a name for your project that will allow you and any others involved to identify it easily. Try to choose a name that is unique to this project. Note that there is a 60 character limit.
2 If you are beginning the environmental review process today, enter today’s date. If you began preparing the environmental review prior to starting the review in HEROS, enter an approximate start date.
3 Many grantees use file or project numbers to help organize and track HUD projects. You can leave this entry blank, or you may wish to enter your agency’s internal project number in accordance with your agency’s filing protocol. An example might be “#2013-PF-057,” where 2013 is the program year, PF is public facility, and 057 is the 57th project assisted in the program year. HEROS will assign a unique identifier that will be used to track the review within HUD’s systems.
4 If this is a State CDBG or State HOME project, the Request for Release of Funds should be sent to the State instead of HUD. If multiple funding sources are involved, the Request for Release of Funds need to be sent to both HUD and the administering state agency.
5 Text tip: The category of leasing includes project-based rental assistance, or rental assistance that is attached to a residential unit, not to a tenant. For example, “leasing” would be the appropriate choice if you plan to use HUD funds to lease a unit and place participants in the unit as they are deemed eligible for your program.
6 Text tip: Unlike repair and improvements, maintenance activities do not materially add to the value of a building, appreciably prolong its life, or adapt the building to new uses. Maintenance activities are:
Cleaning activities;
Protective or preventative measures to keep a building, its systems, and its grounds in working order; or
Replacement of appliances or objects that are not fixtures or part of the building. A fixture is an object that is physically attached to the building and cannot be removed without damage to the building and includes systems designed for occupant comfort and safety such as HVAC, electrical or mechanical systems, sanitation, fire suppression, and plumbing. Fixtures also include, but are not limited to, kitchen cabinets, built-in shelves, toilets, light fixtures, staircases, crown molding, sinks, and bathtubs.
If items that would otherwise be considered maintenance are done as part of an extensive remodeling or renovation of a building, the entire job is considered a repair or improvement.
7 Text tip: “Soft costs” refer to activities that do not involve physical effects. Soft costs include planning costs (e.g. engineering and design) and community services.
8 For purposes of environmental reviews, "single family" should be understood to describe buildings or developments with one to four units per site. "Multifamily" should be understood to describe buildings or developments with five or more units per site.
9 Text tip: Individual actions apply only to projects affecting four or fewer residential units and do not apply to rehabilitation of a building for residential use.
10 Text tip: Extraordinary Circumstances means a situation in which an EA or EIS is not normally required, but due to unusual conditions, an EA or EIS is appropriate. Indicators of unusual conditions are:
Actions that are unique or without precedent;
Actions that are substantially similar to those that normally require an EIS;
Actions that are likely to alter existing HUD policy or HUD mandates; or
Actions that, due to unusual physical conditions on the site or in the vicinity, have the potential for a significant impact on users of the facility.
11 Text tip: An EIS is required when the project is determined to have a potentially significant impact on the human environment. An EIS will typically be required if a proposal impacts more than 2,500 units. 24 CFR 58.37
12 Text tip: Extraordinary Circumstances means a situation in which an EA or EIS is not normally required, but due to unusual conditions, an EA or EIS is appropriate. Indicators of unusual conditions are:
Actions that are unique or without precedent;
Actions that are substantially similar to those that normally require an EIS;
Actions that are likely to alter existing HUD policy or HUD mandates; or
Actions that, due to unusual physical conditions on the site or in the vicinity, have the potential for a significant impact on users of the facility.
See §58.2(a)(3)
13 Text tip: Extraordinary Circumstances means a situation in which an EA or EIS is not normally required, but due to unusual conditions, an EA or EIS is appropriate. Indicators of unusual conditions are:
Actions that are unique or without precedent;
Actions that are substantially similar to those that normally require an EIS;
Actions that are likely to alter existing HUD policy or HUD mandates; or
Actions that, due to unusual physical conditions on the site or in the vicinity, have the potential for a significant impact on users of the facility.
See §58.2(a)(3)
14 Text tip: Extraordinary Circumstances means a situation in which an EA or EIS is not normally required, but due to unusual conditions, an EA or EIS is appropriate. Indicators of unusual conditions are:
Actions that are unique or without precedent;
Actions that are substantially similar to those that normally require an EIS;
Actions that are likely to alter existing HUD policy or HUD mandates; or
Actions that, due to unusual physical conditions on the site or in the vicinity, have the potential for a significant impact on users of the facility.
See §58.2(a)(3)
15 Text tip: See Conformity determination thresholds at 40 CFR 93.153(b) (http://www.epa.gov/airquality/genconform/documents/40_CFR_93_153.pdf ) (Include engineering/construction assessments of emissions during construction and operating phases). You may also wish to contact your Air Quality District for assistance. Note that correspondence from the Air Quality District may serve as documentation for purposes of this question.
16 Text tip: Emissions modeling sites, such as caleemod.com, as well as EPA Conformity determination thresholds at 40 CFR 93.153(b) (http://www.epa.gov/airquality/genconform/documents/40_CFR_93_153.pdf ) (Include engineering/construction assessments of emissions during construction and operating phases), may assist in this determination. You may also wish to contact your Air Quality District for assistance. Note that correspondence from the Air Quality District may serve as documentation for purposes of this question.
17 Refer to your state coastal zone management agency website to determine the definition of the Coastal Zone area.
18 Refer to your state Coastal Management Program (CMP) website for listed activities.
19 The State Coastal Zone Management Agency must be contacted to determine the specific plans, policies, and procedures that must be followed for a project to be determined consistent.
20 Text tip: Consult your Field Environmental Officer or local HUD office’s environmental guidance website to determine if this option is available in your area.
21 Text tip: Critical habitats are specific areas within or outside the geographical area occupied by listed species that are essential to the conservation of the species or that require special management considerations or protection. These are formally designated by the Services.
22 Text tip: For purposes of the ESA, the “action area” includes all areas that your project will affect either directly, indirectly, and/or cumulatively, and is not merely the immediate area involved in the project. (50 CFR 402.02)
23 Text tip: Your local HUD office may have established special procedures that allow this project to circumvent the general consultation process. Consult your local HUD office’s environmental guidance website to determine if this option is available in your area.
24 Text tip: Farmland subject to FPPA requirements does not have to be currently used for cropland. It can be forestland, pastureland, or cropland. Consider if the land is ‘‘already in’’ urban development. This includes land with a density of 30 structures per 40-acre area. It also includes lands identified as ‘‘urbanized area’’ (UA) on the Census Bureau Map, or as urban area mapped with a ‘‘tint overprint’’ on the USGS topographical maps, or as ‘‘urban-built-up’’ on the USDA Important Farmland Maps.
25 Text tip: It is important to note that land “zoned” for development, i.e., non-agricultural use, does not exempt a project from compliance with the FPPA. USDA/NRCS regulations contained at 7 CFR Part 658.2 define “committed to urban development” as land with a density of 30 structures per 40-acre area; lands identified as ‘‘urbanized area’’ (UA) on the Census Bureau Map or as urban area mapped with a ‘‘tint overprint’’ on USGS topographical maps; or as ‘‘urban-built-up’’ on the USDA Important Farmland Maps.
26 Text tip: “Prime farmland” is land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion, as determined by the Secretary of Agriculture. Prime farmland includes land that possesses the above characteristics but is being used currently to produce livestock and timber. It does not include land already in or committed to urban development or water storage.
27 Text tip: “Unique farmland” is land other than prime farmland that is used for production of specific high-value food and fiber crops, as determined by the Secretary. It has the special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of specific crops when treated and managed according to acceptable farming methods. Examples of such crops include citrus, tree nuts, olives, cranberries, fruits, and vegetables.
28 Text tip: Farmland of statewide or local importance has been determined by the appropriate State or unit of local government agency or agencies to be significant.
29 Preparers of HUD environmental review records must complete Parts I, III, V, VI, and VII of form AD-1006 or form NRCS-CPA-106, as applicable. NRCS will complete Parts II and IV of the form. Part VII combined scores over 160 points require the evaluation of at least one alternative project site. NRCS has 45 days to make a determination. NRCS will return form AD-1006 or form NRCS-CPA-106 to you.
30 Text tip: Corridor type projects are those that that go over several tracts, such as railroads, utility lines, highways, etc.
31 When making decisions on proposed actions for sites receiving scores totaling 160 or more, HUD environmental reviewers shall consider: (i) use of land that is not farmland or use of existing structures; (ii) alternative sites, locations, and designs that would serve the proposed purpose but convert either fewer acres of farmland or other farmland that has a lower relative value; and (iii) special siting requirements of the proposed project and the extent to which an alternative site fails to satisfy the special siting requirements as well as the originally selected site.
32 Flood insurance must also be purchased when activities receiving financial assistance include the purchase of machinery, equipment, fixtures, or furnishings that are insurable under NFIP. See FAQs for more details.
33 There are four exceptions: (a) formula grants made to States; (b) State-owned property; (c) small loans ($5,000 or less); and (d) assisted leasing that is not used for repairs, improvements, or acquisition. Each category of exception is explained as follows:
State-administered HUD assistance such as Community Development Block Grants (CDBG), Emergency Shelter Grants (ESG), and HOME Investment Partnership Grants are considered "formula grants made to States." By law, "formula grants made to States" and along with "general and special revenue sharing" are not subject to the flood insurance purchase requirements by Section 3(a)(3) of the Act. For HUD policy, see 24 CFR 58.6(a)(3).
Flood insurance purchase is not required for any State-owned property that is covered under an adequate State policy of self-insurance satisfactory to FEMA as published in a list of States to which Section 102(c)(1) of the Act applies. Local governments and other organizations are not authorized by this Act to be self-insurers under the National Flood Insurance Program. If the State agency has authority, it may require the property owner to purchase and maintain flood insurance to protect the federal investment benefiting HUD-assisted SFHA property.
Flood insurance is not required for loans having an original outstanding principal balance of $5,000 (or less) and repayment term of 1 year (or less) as authorized by Section 102(c)(2) of the Act.
Flood insurance is not required for HUD-assisted leasing of a building or structure provided that the assistance is not used for repairs, improvements, or acquisition.
34 “Sources which merit investigation include the files and studies of other federal agencies, such
as the U. S. Army Corps of Engineers, the Tennessee Valley Authority, the Soil Conservation Service and
the U. S. Geological Survey. These agencies have prepared flood hazard studies for several thousand
localities and, through their technical assistance programs, hydrologic studies, soil surveys, and other
investigations have collected or developed other floodplain information for numerous sites and areas.
Information on the availability of floodplain data may be obtained by contacting the appropriate agency
officer listed in Appendix A of this document. States and communities are also sources of information on
past flood 'experiences within their boundaries and are particularly knowledgeable about areas subject to
high risk flood hazards such as alluvial fans, high velocity flows, mudflows and mudslides, ice jams,
subsidence and liquefaction. For further information, see: http://www.gsa.gov/graphics/pbs/Advice_EO11988.pdf
35 Notification for the purpose of this provision means FEMA releasing preliminary FIRMs or other map data indicating the existence of a potential Special Flood Hazard Area (SFHA).
36 “Sources which merit investigation include the files and studies of other federal agencies, such
as the U. S. Army Corps of Engineers, the Tennessee Valley Authority, the Soil Conservation Service and
the U. S. Geological Survey. These agencies have prepared flood hazard studies for several thousand
localities and, through their technical assistance programs, hydrologic studies, soil surveys, and other
investigations have collected or developed other floodplain information for numerous sites and areas.
Information on the availability of floodplain data may be obtained by contacting the appropriate agency
officer listed in Appendix A of this document. States and communities are also sources of information on
past flood 'experiences within their boundaries and are particularly knowledgeable about areas subject to
high risk flood hazards such as alluvial fans, high velocity flows, mudflows and mudslides, ice jams,
subsidence and liquefaction. For further information, see: http://www.gsa.gov/graphics/pbs/Advice_EO11988.pdf
37 Floodway means that portion of the floodplain which is effective in carrying flow, where the flood hazard is generally the greatest, and where water depths and velocities are the highest. The term “floodway” as used here is consistent with “regulatory floodways” as identified by FEMA.
38 Coastal high hazard area means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) under FEMA regulations as Zone V1–30, VE, or V.
39 100-year floodplain means the floodplain of concern for this part and is the area subject to a one percent or greater chance of flooding in any given year. The area is designated on a Flood Insurance Rate Map (FIRM) under FEMA regulations as Zone A1–30, AE, A, AH, AO, AR, or A99.
40 500-year floodplain means the minimum floodplain of concern for Critical Actions and is the area subject to inundation from a flood having a 0.2 percent chance of occurring in any given year. The area is designated on a Flood Insurance Rate Map (FIRM) under FEMA regulations as Zone B or a shaded Zone X.
41 Critical action means any activity for which even a slight chance of flooding would be too great, because such flooding might result in loss of life, injury to persons, or damage to property. Critical actions include activities that create, maintain or extend the useful life of those structures or facilities that: produce, use or store highly volatile, flammable, explosive, toxic or water-reactive materials; provide essential and irreplaceable records or utility or emergency services that may become lost or inoperative during flood and storm events (e.g., data storage centers, generating plants, principal utility lines, emergency operations centers including fire and police stations, and roadways providing sole egress from flood-prone areas); or are likely to contain occupants who may not be sufficiently mobile to avoid loss of life or injury during flood or storm events, e.g., persons who reside in hospitals, nursing homes, convalescent homes, intermediate care facilities, board and care facilities, and retirement service centers. Housing for independent living for the elderly is not considered a critical action.
42 Critical action means any activity for which even a slight chance of flooding would be too great because such flooding might result in loss of life, injury to persons, or damage to property. Critical actions include activities that create, maintain or extend the useful life of those structures or facilities that: Produce, use or store highly volatile, flammable, explosive, toxic or water-reactive materials; Provide essential and irreplaceable records or utility or emergency services that may become lost or inoperative during flood and storm events (e.g., data storage centers, generating plants, principal utility lines, emergency operations centers including fire and police stations, and roadways providing sole egress from flood-prone areas); or Are likely to contain occupants who may not be sufficiently mobile to avoid loss of life or injury during flood or storm events, e.g., persons who reside in hospitals, nursing homes, convalescent homes, intermediate care facilities, board and care facilities, and retirement service centers. Housing for independent living for the elderly is not considered a critical action.
43 Functionally dependent use means a land use that must necessarily be conducted in close proximity to water (e.g., a dam, marina, port facility, water-front park, and many types of bridges).
44 This 8-Step Process may be combined with that of Executive Order 11990 “Wetlands Protection.”
45 55.2(10)(i) Substantial improvement means either:
Any repair, reconstruction, modernization or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
Before the improvement or repair is started; or
If the structure has been damaged, and is being restored, before the damaged occurred; or
Any repair, reconstruction, modernization or improvement of a structure that results in an increase of more than twenty percent in the number of dwelling units in a residential project or in the average peak number of customers and employees likely to be onsite at any one time for a commercial or industrial project.
(ii) Substantial improvement may not be defined to include either:
Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications that is solely necessary to assure safe living conditions, or
Any alteration of a structure listed on the National Register of Historical Places or on a State Inventory of Historic Places.
(iii) Structural repairs, reconstruction, or improvements not meeting this definition are considered “minor improvements.”
46 Text tip: Examples of confidential or sensitive information include the locations of archeological sites, the locations, character, and use of traditional religious and cultural properties of significance to Indian tribes, and the locations of battered women shelters.
47 PAs are written agreements developed by HUD or the RE, the State Historic Preservation Officer (SHPO), and the Advisory Council on Historic Preservation (ACHP) that stipulate a streamlined process for treating a group of projects. PAs usually include a list of types of activities or properties that are exempt from review. Guidance on how to develop PAs is available on ATEC and through your FEO and REO.
49 Text tip: The APE may include an area larger than the project boundary where indirect visual or auditory effects may occur.
50 http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/environment/review/historic
51 A historic district may be treated as a single entry in the chart if forms for the affected properties within it are uploaded along with the district cover sheet and district map.
52 For archeological sites, the address could be something other than a street address.
53 Text tip: If the APE contains previously unsurveyed buildings or structures over 50 years old, or there is a likely presence of previously unsurveyed archeological sites, a survey may be necessary.
55 http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/environment/HEROS/HP/Direct and Indirect Effects
56 http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/environment/review/historic
57 Text Tip: Mitigation measures may relate to the specific property that is being affected, or other historic properties in a similar location or of a similar type.
58 Text Tip: For purposes of this section, the “Head of the Agency” referenced in 36 CFR 800.7 is the head of the Responsible Entity’s unit of government, e.g. a mayor or governor, for Part 58 projects, and the Secretary of HUD for Part 50 projects.
59 Text Tip: Conditions or Mitigation measures may relate to the specific property that is being affected, or other historic properties in a similar location or of a similar type.
60 Text tip: A sole source aquifer is defined as an aquifer that supplies at least 50 percent of the drinking water consumed in the area overlying the aquifer. This includes streamflow source areas, which are upstream areas of losing streams that flow into the recharge area.
61 If the maps are inaccurate, you can document this through site visit documentation in the case of post-mapping development due to permanent fill. If there was a dispute with Fish and Wildlife Service National Wetlands Inventory (FWS-NWI regarding presence of a wetland, documentation must be in the form of a letter from FWS-NWI) showing the lack of a wetland and an error in mapping. State and local data sources may be used to support your finding.
62 This 8 Step process may be combined with that of Executive Order 11988 “Floodplain Management.”
63 State and local data sources may be used to support your finding.
64 Text tip: A Water Resources Project is a federally assisted project that could affect the free-flowing condition of a Wild and Scenic River. Examples include dams, water diversion projects, bridges, roadway construction, boat ramps, and activities that require a Section 404 permit from the Army Corps of Engineers.
65 The Managing Agency for a particular river segment generally is the National Park Service, the Bureau of Land Management, U.S. Forest Service or U.S. Fish and Wildlife Service; for some river segments, a state agency, tribe or a local government may also be a Managing Agency.
For rivers listed in the NRI, the National Park Service is the point of contact. Under Section 5 of the Act, the NPS can provide recommendations that the Responsible Entity must take into account in protecting the listed river segment.
66 Text tip: For purposes of this section only, rehabilitation (including conversion) is considered “major” or “substantial” when the estimated cost of the work is 75 percent or greater of the total estimated cost of replacement after rehabilitation.
67 Text tip: Land Use Compatibility Guidelines for Accident Potential Zones contained in DOD Instruction 4165.57, 32 CFR Part 256.
68 Text tip: Land Use Compatibility Guidelines for Accident Potential Zones contained in DOD Instruction 4165.57, 32 CFR 256.
69 Text tip: Written notice must be provided to prospective buyers to inform them of the potential hazards from airplane accidents as well as the potential for the property to be purchased as part of an airport expansion project. See link to sample notice.
70 Hyperlink to regulation http://edocket.access.gpo.gov/cfr_2010/aprqtr/pdf/24cfr58.5.pdf
71 HUD regulations at 24 CFR § 58.5(i)(2)(ii) require that the environmental review for multifamily housing with five or more dwelling units or non-residential property include the evaluation of previous uses of the site or other evidence of contamination on or near the site.
For acquisition and new construction of multifamily and nonresidential properties HUD strongly advises the review include an ASTM Phase I Environmental Site Assessment (ESA) to meet real estate transaction standards of due diligence and to help ensure compliance with HUD’s toxic policy at 24 CFR §58.5(i) and 24 CFR §50.3(i). Also note that some HUD programs require an ASTM Phase I ESA.
72 Mitigation requirements include all clean-up actions required by applicable federal, state, tribal, or local law. Additionally, upload, as applicable, the long-term operations and maintenance plan, Remedial Action Work Plan, and other equivalent documents.
73 Engineering controls are any physical mechanism used to contain or stabilize contamination or ensure the effectiveness of a remedial action. Engineering controls may include, without limitation, caps, covers, dikes, trenches, leachate collection systems, signs, fences, physical access controls, ground water monitoring systems and ground water containment systems including, without limitation, slurry walls and ground water pumping systems.
74 Institutional controls are mechanisms used to limit human activities at or near a contaminated site, or to ensure the effectiveness of the remedial action over time, when contaminants remain at a site at levels above the applicable remediation standard which would allow for unrestricted use of the property. Institutional controls may include structure, land, and natural resource use restrictions, well restriction areas, classification exception areas, deed notices, and declarations of environmental restrictions.
75 Hyperlink to regulation http://edocket.access.gpo.gov/cfr_2010/aprqtr/pdf/24cfr58.5.pdf
76 Utilize EPA’s Enviromapper and state/tribal databases to identify nearby dumps, junk yards, landfills, hazardous waste sites, and industrial sites, including EPA National Priorities List Sites (Superfund sites), CERCLA or state-equivalent sites, RCRA Corrective Action sites with release(s) or suspected release(s) requiring clean-up action and/or further investigation. Additional supporting documentation may include other inspections and reports.
77 Mitigation requirements include all clean-up requirements required by applicable federal, state, tribal, or local law. Additionally, please upload, as applicable, the long term operations and maintenance plan, Remedial Action Work Plan, and other equivalent documents.
78 Engineering controls are any physical mechanism used to contain or stabilize contamination or ensure the effectiveness of a remedial action. Engineering controls may include, without limitation, caps, covers, dikes, trenches, leachate collection systems, signs, fences, physical access controls, ground water monitoring systems and ground water containment systems including, without limitation, slurry walls and ground water pumping systems.
79 Institutional controls are mechanisms used to limit human activities at or near a contaminated site, or to ensure the effectiveness of the remedial action over time, when contaminants remain at a site at levels above the applicable remediation standard which would allow for unrestricted use of the property. Institutional controls may include structure, land, and natural resource use restrictions, well restriction areas, classification exception areas, deed notices, and declarations of environmental restrictions.
80 Text tip: If your project is a single family (1-4 unit) FHA insured property, do not include/identify tanks that are ancillary to the operation of a building (e.g., comfort heating, cooking, water heating) because they are excluded from 24 CFR 51, Subpart C.
81 Text tip: For a list of common industrial fuels, consult Appendix I of the Regulation and HUD’s guidebook “Acceptable Separation Distance.”
82 Text tip: Stationary aboveground containers that store natural gas and have floating tops are excluded from 24 CFR 51, Subpart C.
83 Text tip: The building design can be modified by using heat retardant and high tensile strength materials in the direction where the hazardous facility is located in order to compensate for the unacceptable separation distance. Buildings can also be re-arranged, and their exterior shapes can be modified. A combination of these approaches may be used to provide an acceptable level of mitigation (e.g., a horseshoe-shaped building can be oriented with the convex curve facing the hazard, and the structure can be augmented with heat retardant and tensile strength materials).
84 Text tip: A largely undeveloped area means the area within 2 miles of the project site is less than 50 percent developed with urban uses and does not have water and sewer capacity to serve the project.
85 Text tip: If the chart above shows laws, authorities, or factors that you do not believe require mitigation, it may be that you put text in the mitigation boxes in those screens in error. Please navigate back to the affected law, authority, or factor to remove any extraneous text.
86 CFR 58.2(a)(3): Extraordinary Circumstances means a situation in which an environmental assessment (EA) or environmental impact statement (EIS) is not normally required, but due to unusual conditions, an EA or EIS is appropriate. Indicators of unusual conditions are:
Actions that are unique or without precedent;
Actions that are substantially similar to those that normally require an EIS;
Actions that are likely to alter existing HUD policy or HUD mandates; or
Actions that, due to unusual physical conditions on the site or in the vicinity, have the potential for a significant impact on the environment or in which the environment could have a significant impact on users of the facility.
87 Text tip: RE and HUD public comment periods may be combined when under Part 58.33, funds are needed on an emergency basis, and adherence to separate public comment periods would prevent the giving of assistance during a Presidentially declared disaster or during a local emergency that has been declared by the chief elected official of the responsible entity who has proclaimed that there is an immediate need for public action to protect the public safety.
88 58.46: Time delays for exceptional circumstances. The responsible entity must make the FONSI available for public comments for 30 days before the recipient files the RROF when: (a) There is a considerable interest or controversy concerning the project; (b) The proposed project is similar to other projects that normally require the preparation of an EIS; or (c) The project is unique and without precedent.
89 Text tip: enter designated OMB letters/numbers - e.g., CFDA No 14.235, Supportive Housing Program; CFDA No. 14.218, Community Development Block Grant; CDFA No. 14.239, HOME; CFDA No. 14.246, Brownfields Economic Development Initiative; CFDA No. 14.247, Self-Help Homeownership Opportunity Program (SHOP); CFDA No. 14.866, HOPE VI Demolition/Revitalization Grants; etc. NOTE: The OMB Catalog is available on line at http://aspe.os.dhhs.gov.cfda/index.htm: click on “Agency and Department,” then on “Housing and Urban Development” to get to the HUD Programs listing.
90 Text tip: Unlike repair and improvements, maintenance activities do not materially add to the value of a building, appreciably prolong its life, or adapt to new uses. Maintenance activities are:
Cleaning activities;
Protective or preventative measures to keep a building, its systems, and its grounds in working order; or
Replacement of appliances or objects that are not fixtures or part of the building. A fixture is an object that is physically attached to the building and cannot be removed without damage to the building, and includes systems designed for occupant comfort and safety such as HVAC, electrical or mechanical systems, sanitation, fire suppression, and plumbing. Fixtures also include, but are not limited to, kitchen cabinets, built-in shelves, toilets, light fixtures, staircases, crown molding, sinks, and bathtubs.
If items that would otherwise be considered maintenance are done as part of an extensive remodeling or renovation of a building, the entire job is considered a repair or improvement.
91 Text tip: “Soft costs” refer to activities that do not involve physical effects. Soft costs include planning costs (e.g. engineering and design), and community services.
92 CFR 58.2(a)(3): Extraordinary Circumstances means a situation in which an environmental assessment (EA) or environmental impact statement (EIS) is not normally required, but due to unusual conditions, an EA or EIS is appropriate. Indicators of unusual conditions are:
Actions that are unique or without precedent;
Actions that are substantially similar to those that normally require an EIS;
Actions that are likely to alter existing HUD policy or HUD mandates; or
Actions that, due to unusual physical conditions on the site or in the vicinity, have the potential for a significant impact on the environment or in which the environment could have a significant impact on users of the facility.
93 Text tip: If the project is sensitive, provide an alternative address, such as the address of your city hall or nonprofit in lieu of the exact location of the project. If someone needs the precise address of a HUD-funded project in order to respond to the environmental notice, the person may visit the environmental review office to review it.
94 Text tip: The environmental review record and all notices may refer to a “public facility,” but need not specify the exact nature of the project. The project description should use the name of the HUD program (for example, Supportive Housing Program Grant, or EDI-Special Purpose Grant) providing the assistance in lieu of the name of the shelter or services that it provides. The project description should use the generic terms (if applicable) such as building improvements and services, or construction. The land use should use applicable generic terms (i.e., public, mixed, office, or residential use). These limits on information disclosure would meet the spirit of the public notification requirements without endangering prospective clients and beneficiaries. If interagency consultation is required, such as in historic preservation, special arrangement for confidentiality should be made with the State or Tribal Historic Preservation Office to accommodate the operator's request in a flexible way.
95 Text tip: Choose a name for your site-specific review that will allow you and any others involved to identify it and distinguish it from other site-specific reviews easily. An address is recommended.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | HEROS |
| Subject | HUD Environmental Review Online System |
| Author | HUD |
| File Modified | 0000-00-00 |
| File Created | 2021-01-11 |
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