ENVIRONMENTAL ASSESSMENT – ENVIRONMENTAL REVIEW RECORD …€¦ · ENVIRONMENTAL ASSESSMENT – ENVIRONMENTAL REVIEW RECORD (ERR) GUIDE (3-29-16) 1 Completing an environmental review

ENVIRONMENTAL ASSESSMENT – ENVIRONMENTAL REVIEW RECORD (ERR) GUIDE (3-29-16)

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Completing an environmental review record (ERR) for a CDBG assisted project can be complicated. This guide is a

tool which can be used to assist in ensuring the required steps, notices and actions are taken to properly completed an

ERR for an environmental assessment which requires a Combined Notice.

GETTING STARTED:

Resource Tools: o Grant Management Handbook Chapter 3 to help determine the level of EAo Environmental Assessment Checklisto Completing Environmental Review

(http://portal.hud.gov/hudportal/HUD?src=/states/shared/working/r10/environment/oregon) and gothrough the checklist for each law or authority with the exception of the Endangered Species Act(ESA) Guidance. National Oceanic and Atmospheric Administration (NOAA) and HUD have recentlyupdated the Oregon checklist. The checklist for the Endangered Species Act is found on our websitehttp://www.orinfrastructure.org/Infrastructure-Programs/CDBG/Handbooks and should be used.

o HUD Tribal Directory Assessment Tool for tribes with historic interest in the project site.http://egis.hud.gov/tdat/Tribal.aspx

Steps:

1. Send letters to interested tribes (use the HUD Tribal Directory Assistance Tool-TDAT), signed byMayor or Highest Elected Official. Federally recognized tribes must be contacted; RE shouldconsider sending letters to non-federally recognized tribes that may have an interest in the area.

2. Send letters to State Historic Preservation Office (SHPO). Similar template letter for tribalconsultation may be used.

3. Complete the ER checklists for the specific laws and authorities found on HUD’s website at(http://portal.hud.gov/hudportal/HUD?src=/states/shared/working/r10/environment/oregon) andsimultaneously fill in the necessary information on the EA checklist. Based on the outcome ofinformation noted in the EA checklist, initiate communication with the respective laws and authorities.Document all correspondence – incoming and outgoing.

4. Create a mailing log to document the response (or no response) along with any mitigation neededand the appropriate mitigation actions, if any.

5. Send letters to interested parties. These letters are intended for non-regulatory entities only, such asmedia outlets, entities or organizations that may have an interest in the project, etc. This is notrequired but is encouraged as a way to inform the public and community organizations about theproposed project.

6. Determine the needed permits. Should mitigation be required as condition of the permit, log into thelog document appropriately and obtain permits at the soonest opportunity. If certain otheraccomplishments or mitigation needs to be completed before permits can be obtained, declare ornote in the log document (date, activity to be accomplished, etc.).

GENERAL LETTERS:

___________ Date general letters mailed to interested parties i.e. media outlets, other interested persons

and/or community organizations – non-regulatory entities

Exhibit 3J – PW and CF Environmental Assessment Guide Part 2

Community Development Block Grant Management Handbook – 2017 Page 1 of 15

http://portal.hud.gov/hudportal/HUD?src=/states/shared/working/r10/environment/oregon


http://www.orinfrastructure.org/Infrastructure-Programs/CDBG/Handbooks

http://www.orinfrastructure.org/Infrastructure-Programs/CDBG/Handbooks

http://egis.hud.gov/tdat/Tribal.aspx

http://egis.hud.gov/tdat/Tribal.aspx




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___________ Letters can be sent by regular mail or e-mail. RE should maintain a list of letters sent, what

documentation was included in the letters and any return correspondence received. If return

correspondence requires responses, those must be included in the ERR as well.

_________________________________________________________

Letters include:

_____ Project description

_____ Map of project location

__________ All letters and responses are included in the environmental review record (ERR)

FLOOD PLAIN DOCUMENTATION: Executive Order (EO) 13690, effective January 30, 2015 further identifies the

basis for establishing the floodplain. The new rule updated a provision requiring the use of FEMA preliminary maps

and advisory base flood elevations (ABFE or BFE), rather than the Flood Insurance Rate Maps (FIRMs).

When available, the latest interim FEMA information, such as an ABFE or preliminary map or study is the

“best available information” and must be used.

In instances where the latest “best available information” from FEMA has a lower BFE than the effective FIRM

the higher BFE must be used to comply with the regulation and the National Flood Insurance Program

requirements.

If the FEMA information is unavailable or insufficiently detailed, other Federal, state, or local data may be used as the

“best available information”. If using other Federal, state or local data, the data should be in adherence to Executive

Order 13690, dated January 30, 2015 which revises Section 6(c) of EO 11988:

1. The elevation and flood hazard area that result from using a climate-informed science approach that uses

the best available, actionable hydrologic and hydraulic data and methods that integrate current and future

changes in flooding based on climate science. This approach will also include an emphasis on whether

the action is a critical action as one of the factors to be considered when conducting the analysis;

NOTE: FEMA defines Critical Action as “an action for which even a slight chance of flooding istoo great. The minimum floodplain of concern for critical actions is the 500-year floodplain”.Structures or facilities such as whose which produce, use or store highly volatile, flammable,explosive, toxic or water-reactive materials. Hospitals and nursing homes and housing for theelderly which are likely to contain occupants who may not be sufficiently mobile to avoid the lossof life or injury during flood and storm events. Emergency operation centers or data storagecenters which contain records or services that may become lost or inoperative during flood andstorm events. Finally facilities or structures such as generating plants and other principal jointsof utility lines.

2. The elevation and flood hazard area that result from using the freeboard value, reached by adding anadditional 2 feet to the based flood elevation for non-critical actions and by adding an additional 3 feet tothe base flood elevation for critical actions;

3. The area subject to flooding by the 0.2 percent annual chance flood; or4. The elevation and flood hazard area that result from using any other method identified in an updated to

the Federal Flood Risk Management Standard (FFRMS).




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NOTE: HUD is in the rulemaking process to revise 24 CFR Part 55. The major changes are anticipated to incorporate

wetlands, prohibit new construction in coastal high hazard areas and allow individual Section 404 permits to cover first

5 steps of the 8-step process. While the rule has not yet been published, HUD has encouraged recipients to look at

new construction projects conservatively and consider moving those projects located within a 500-year flood plain as

that will likely become the revised 100-year flood plain.

8-STEP PROCESS (applies to projects that include improvements in floodplain, wetland or an outfall/intake in a

floodway):

Were all 8-steps completed and documented in the ERR:

_____ STEP #1 - Determination whether proposed action is located in 100 year floodplain or a 500 year

floodplain if the activity is a critical action, or within the floodway (only for outfall/intake) or wetlands

NOTE: HUD has determined that a bored pipeline under a floodway, conveying wastewater or drinking water from one side of a

river to the other, is not a functionally dependent use of the water way in accordance with 55.2(b)(5) which must be

conducted in close proximity to water (e.g. a dam, marina, port facility, water front park, drinking water intake, wastewater

outfall pipe, etc.). As a basis for this determination they indicated that a bored pipeline (simply conveying water or

wastewater from one side of the river to the other) is no different than a conventional transmission/collection line located

outside of a floodway which is not functionally dependent use of any waterway. If CDBG funds are needed to complete the

bored pipeline it is very important to negate the floodway concern and to make the case that the bored pipeline is going to

be so deep that it will never scour the surface and impact the floodway in any manner within the future.

In most situations a wastewater outfall pipeline or a drinking water intake can be determined to be a “functionally dependent

use” and is allowed if processed under 55.20 (the 8-step process).

_____ STEP #2 - Date first notice of a proposal to consider an action in the floodplain was advertised.

______ Notice allows 15 calendar days for comment.

_____ STEP #3 - Identification and evaluation of practicable alternatives

_____ STEP #4 - Identification of potential direct and indirect impacts associated with the occupancy or

modification of the floodplain.

_____ STEP #5 - Actions taken to minimize adverse impacts and preserve beneficial values of the

floodplain

_____ STEP #6 - Reevaluation of the proposed action to determine whether it is still practicable

_____ STEP #7 - Publish second notice of decision to identify reasons why there is no practicable

alternative and the mitigation measures to be taken.

_____ Notice allows 7 calendar days for comment

_____ STEP #8 - Implement the proposed action with mitigating measures

WETLANDS EXECUTIVE ORDER 11990 AND SECTION 404 PERMITS:

In general, wetlands means those areas that are inundated by surface or ground water with a frequency sufficient to

support and under normal circumstances do 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. HUD further defines wetlands to include those wetland areas separated from their natural supply of water as a

result of activities such as the construction of structural flood protection methods or solid-fill road beds and activities

such as mineral extraction and navigation improvements. This definition includes both wetlands subject to and those

not subject to Section 404 of the Clean Water Act as well as construction wetland (24 CFR 55.2(b)(11).

For 11990 compliance the ERR contains documented actions to avoid an undertaking or new construction in a

wetlands. As a preliminary screening, the Responsible Entity (RE) shall verify whether the project area is located in

proximity to a wetlands identified on the National Wetlands Inventory (NWI). NWI maps are the official and primary

source of wetland data. NWI staff should be consulted for delineations of the wetland or of the NWI maps are thought

to be inaccurate. If NWI staff are unavailable a wetlands professional may be consulted. HUD encourages the use of

secondary resources such as the Natural Resource Conservation Service’s National Soil Survey’s and any state

(Oregon Division of State Lands) and local information.

NOTE: Under Oregon law and Section 404 of the CWA, the Oregon Division of State Lands must also be

contacted for the potential of any wetlands within the area of potential effect of the project.

:

___________ A finding that there is no practicable alternative to such construction or rehabilitation. Note:

(Step 3 of the 8 step process) This must be documented in the ERR, and or the Section 404 permit, if not this

analysis must be completed.

___________ A finding that the proposed action includes all practicable measures to minimize harm to

wetland which may result from such use. (Step 5 of the 8 step process) Note: Section 404 permit

may, upon review, be able to used for this on a case by case basis. The conditions on the Section 404 permit

may be used to meet documentation to minimize harm. If the Section 404 permit cannot used for this the ERR

must document compliance with detailed factors found in Section 4 of the EO 11990.

_____________ Date the responsible entity (RE) provided for “early” pubic review. If the Section 404 permit

provided for notice, it can used to meet this requirement. However, if the section 404 permit

did not provide for notice, it cannot be used and the RE must provide for early notice.

_____________ If a wetlands is found the 8-step process must be completed.

For Section 404, this rule allows the RE to use individual permits issued under section 404 of the CWA in lieu of performing the first 5 steps of the 8-step process as long as the RE provides a copy of the Section 404 permit from the U.S. Army Corps of Engineers (USACE) with the completed environmental review record. A Section 404 permit is required prior to beginning any nonexempt activity involving the placement of dredged or fill material in waters of the state, including wetlands.

Section 404 of the CWA allows states to administer an individual permit program in lieu of USACE

permit program. In Oregon, the Division of State Lands has this authority.




The issuance of an individual Section 404 permit may not substitute for any portion of the 8-step

process when the property is located in a floodplain.

All wetlands subject to 404 of the CWA are considered wetlands.

COASTAL HIGH HAZARD AREAS: The new regulations, EFFECTIVE December 2013, prohibit construction of NEW

structures (roofed buildings) and infrastructure (roads, bridges and utility lines i.e. water and wastewater etc.) in

Coastal High Hazard Areas – V Zones. This change does not affect existing structures.

Note: A coastal high hazard area is an area of special flood hazard extending from offshore to the inland limit of a

primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic

sources (high velocity waters, for example hurricanes wave wash or tsunamis). The coastal high hazard area is identified

as Zone V on Flood Insurance Rate Maps (FIRMs). Special floodplain management requirements apply in V Zones

including the requirement that all buildings be elevated on piles or columns. The FEMA maps will have to be consulted

on a project by project basis to determine if there are any V zones that could affect a proposed project.

When FEMA provides interim flood hazard data, such as Advisory Base Flood Elevation or preliminary maps and

studies, these sources must be used. If the FEMA information is unavailable or insufficiently detailed, other Federal,

state, or local data may be used as the “best available information”. The base flood elevation from a FEMA interim or

preliminary or non-federal source cannot be used if it is lower than the current FIRM or Flood Insurance Study (FIS).

ENDANGERED SPECIES (ESA)

The Endangered Species Act of 1973 (ESA) mandates that actions that are authorized, funded, or carried

out by Federal agencies do not jeopardize the continued existence of listed species, or result in the

adverse modification or destruction of designated critical habitat. The ESA requires all federal agencies to

use their authorities to help conserve listed species. Therefore, as responsible entities, you are

encouraged to minimize the effects of your actions on listed species, designated critical habitat and

habitat identified in endangered species recovery plans.

The Endangered Species Act is administered by two Federal Agencies: The US Fish and Wildlife Service

(USFWS) and The National Marine Fisheries Service in the National Oceanic and Atmospheric

Administration (NOAA). The USFWS is mainly responsible for terrestrial plants and animals and inland

fishes. NOAA is mainly responsible for marine and anadromous fishes and marine mammals. Compliance

with the ESA requires screening for listed species under the jurisdiction of both agencies -- USFWS and

NOAA.

The ESA provides specific mechanisms to achieve its purposes and Section 7 is one of those. Section 7

requires that Federal agencies avoid actions that will further harm species and their critical habitat. Under

the Section 7(a)(2) implementing regulations (50 CFR 402), Federal agencies must review their actions and

determine whether the action may affect listed and proposed species or proposed or designated critical




habitat. An ESA effects analysis must consider both the direct and indirect effects of the action. Indirect

effects are those that are caused by the proposed action and are later in time, but are still reasonably

certain to occur. Few HUD actions occur on habitat of listed species or within designated critical habitat,

where direct injury or harm to ESA-listed species or critical habitat is easy to discern. But many HUD

actions increase the area of the built environment, and thereby release post-construction runoff to the

off-site environment. The indirect effects of post-construction runoff on the aquatic environment are the

primary nexus between HUD actions and ESA-listed species and habitats under the jurisdiction of NOAA.

Note that project effects include those that extend beyond the project site itself, such as noise, water

quality, storm water discharge, visual disturbance, and habitat consideration – must include consideration

for feeding, spawning, rearing, overwintering sites, and migratory corridors.

In 2015 there were some changes made to the process for reviewing projects where species at risk or

pending at risk could be affected. HUD and National Oceanic and Atmospheric Administration (NOAA) are

working on establishing a Programmatic Agreement. Until that has been finalized, the following process

should be followed when working through the ESA portion of the Environmental Review.

To determine the level of Section 7 consultation with NOAA and USFWS, the Endangered Species Act

Guidance for Oregon (ESA Guidance) worksheet should be used.

NOTE: Please be aware, the Section 7 process may take 30 to 135 days depending on the effects

determination. The project cannot move forward until concurrence from NOAA and USFWS has been

received. It would be IFA’s recommendation the ESA review be started as soon as is reasonably feasible

following the completion of the Determination of Exemption. If you have any questions about the

effects determination, work with your Regional Coordinator to contact the nearest NOAA branch office

representative and/or USFWS early in the process.

“No Effect” Determination:

___________ Using the Endangered Species Act Guidance for Oregon (ESA Guidance) worksheet,

determine if any listed species are found in the project area. If no listed species are present, and no effects

extend beyond the project site itself, a No Effect determination can be achieved. No concurrence or

communication with NOAA is needed. The ERR must be properly documented to reflect the determination.

NOTE: USFWS has an online tool to assist RE’s in determining if any threatened or endangered species,

critical habitat, migratory birds or other natural resources may be impacted by the project. The tool also

provides resource maps for wetlands, critical habitat, etc. The tool can be located at: http://ecos.fws.gov/ipac/.

The use of this tool does not eliminate the need to contact and consult with USFWS and/or NOAA, if required,

but it may help to identify threatened or endangered species.

___________ If any listed species are present but the project will not have any impact, a “No Effect”

determination can be reached. Within the ESA Guidance there are examples of types of projects that have no

effect on ESA listed species. The list is not all-inclusive but provides examples of typical types of projects that

would meet a “No Effect” determination. Things to take into consideration are migration, nesting, breeding,



http://ecos.fws.gov/ipac/

http://ecos.fws.gov/ipac/


feeding, noise, etc. If the project can reach a “No Effect” determination, consultation with NOAA or USFWS is

not needed. The ERR must be properly documented to reflect the determination.

“Not Likely to Adversely Affect” Determination:

___________ Species are listed in the project area but the project does not result in loss of trees,

complies with all state and local building codes and NOAA stormwater guidance by

infiltrating all stormwater or treating stormwater sufficiently to result in no stormwater runoff

leaving the project site (such as infiltration facilities like ponds, vaults and trenches,

dispersion so the landscape, engineered or natural, and bioretention with no underdrain.

___________ “Not Likely to Adversely to Affect” determination reached by RE. Send proper

documentation to NOAA and USFWS to obtain concurrence.

___________ Documentation to be sent to USFWS and NOAA. This level of review may take up to 30

days. If additional information is needed, the review could take longer.

Project name, street address, county, and zip code.

Township, Range, Section and ¼ Section.

Project description.

Brief description of current and recent land use and land management practices.

Please note if the site has been cleared previously.

USGS Map of project site showing wetlands, closest water bodies and stream names,

and U.S.G.S. Quadrangle name.

Detailed map showing project site boundaries, existing drainage features in relationship

to other properties, roads, and trees to be removed.

Any habitat information, descriptions of soil, vegetation, tree diameters and/or plant

species, and wetlands currently present on the site.

Color photos of the project site.

Aerial with the project boundary overlain – over vegetation cover helps greatly if

available.

Information about the proposed stormwater system including a stormwater

management plan that consists of low impact development, water quality treatment

(pollution reduction) for post-construction run-off from all contributing impervious

surfaces, water quantity treatment, and an operation and maintenance plan that details

what needs to be done, when and by whom for each stormwater facility. Please work

with your Regional Coordinator to contact the nearest NOAA branch office

representative at NOAA for any questions about NOAA’s stormwater treatment

standards.

Anything else you have that seems relevant or useful to assist NOAA and USFWS in

making a determination of the level of consultation needed or required.

___________ Possible NOAA/USFWS site visit.




___________ Written concurrence from NOAA and USFWS with the “Not Likely to Adversely Affect”

determination. Retain concurrence documentation and all related correspondence with the EA.

Or;

___________ NOAA and/or USFWS does not concur with “Not Likely to Adversely Affect” determination and

determines the project is “Likely to Adversely Affect”, formal consultation is required. Document the

file and move to formal consultation process below.

“Likely to Adversely Affect” is determined if the results in effects, including those that extend beyond the project site

(noise, air pollution, water quality, stormwater discharge, visual disturbance) and overlap with identified federally listed

or proposed species occurrences or designated or proposed critical habitat or potential habitat (migration, nesting,

breeding, feeding, etc.) for ESA-listed species. For projects determined as “Likely to Adversely Affect”, formal

consultation with NOAA and USFWS will be required. Formal consultation process may take up to 135 days. NOAA

can also request a 60-eay extension if needed. Consultation must be completed and a concurrence with

NOAA/USFWS be achieved before the Environmental Assessment would be considered complete.

___________ Formal letter sent by RE with the information requested by NOAA and USFWS contacts. If, on initial

determination, the RE determined the project was “Likely to Adversely Affect” and require formal

consultation, along with the letter, include bulleted items noted above and any other detailed

information that would assist NOAA and USFWS in concurrence, potential mitigation or reaching a

different determination.

___________ Biological Assessment and/or stormwater management plan, if required, sent to NOAA for review. It

would expected the RE has discussed the project with NOAA and/or USFWS prior to a request for

consultation so a determination of what level of documentation is needed as this may change from

project-to-project.

___________ Biological Opinion prepared and received from NOAA outlining any mitigation efforts required.

___________ Mitigation efforts outlined and agreed upon by RE, NOAA and USFWS.

___________ Retain concurrence documentation and all related correspondence with the EA.




TRIBAL HISTORIC PRESERVATION OFFICE (THPO):

___________ ERR contains the Tribal Directory Assessment Tool (TDAT) print out for the federally

recognized tribes in the project area

___________ ERR contains identification of any non-federally recognized Tribes with interest in the

project area

___________ Tribal letters::

_____ Prepared using Exhibit 3Q of the GMH

_____ Printed on RE letterhead and signed by the RE

_____ Map of project area

_____ Project description, details and plans (if possible). Also consider including some

Inadvertent Discovery Plan language in information provided.

_____ Allow the Tribes 30-calendar days to respond, upon receipt of the letter

___________ Date letters were mailed to the Tribes Letters may be sent via e-mail, regular mail or

certified mail/return receipt. Documentation, including date letters were mailed and any

responses received, should be maintained in the ERR

___________ If Tribe does not respond in 30-days, tribal consultation is complete and the RE can

commence with completion of the ERR.

___________ If Tribe responds and requests further consultation/negotiation/historical

assessment/archeological investigations RE must complete and receive concurrence from

the Tribe. All must be completed and if necessary a Memorandum of Agreement executed

PRIOR to the completion of the ERR and signature by the RE and PRIOR to dissemination

of the NOI-RROF or the combined notice.

___________ If Tribe requests an archeological survey, use HP Fact Sheet #6 (Guidance on

Archeological Investigation in HUD Projects – Revised June 2012). Factors to consider are

noted in the fact sheet. If concerns or questions, please contact your Regional Coordinator

for further guidance.

If, after 30 days or more Tribe does respond requesting consultation or assessments, RE

must stop project and complete the consultation and receive concurrence from the Tribe.

STATE HISTORIC PRESERVATION OFFICE (SHPO):

___________ SHPO letters (similar template letter for tribal consultation may be used) are/contain:

_____ Letters can be prepared by a representative of the RE, if the letters clearly states

that the representative is writing the letter on the RE’s behalf.

_____ Contain the RE’s initial determination “no historic properties present”, “no effect”,

“no adverse affect”, “adverse affect” in the letter.

_____ Map of project area

_____ Project description

_____ Allow SHPO 30-calendar days to respond, upon receipt of the letter

___________ Date letters were mailed to SHPO (certified mail/return receipt or other documentation

showing when the letters were received by SHPO to start the 30-day response period.




___________ If SHPO does not respond in 30-days the RE can commence with completion of the ERR

___________ If SHPO responds, and does not concur with RE’s initial determination further

consultation/negotiation/historical assessment/archeological investigations may be required.

All must be completed and if necessary a Memorandum of Agreement executed PRIOR to

completion of the ERR and signature by the RE and PRIOR to dissemination of the NOI-

RROF or the combined notice.

STATUTORY CHECKLIST:

The responses/information obtained/documentation of completion of the: the general letters, 8-Step process; Wetlands

Executive Order 11990 and Section 404 Permits; THPO; and, SHPO items listed above MUST be incorporated into the

ERR checklist, and all corresponding mitigating actions MUST be incorporated into the ERR. Does the ERR checklist

contain:

___________ Project name

___________ Responsible Entity

___________ State and Local Identifier

___________ Preparer

___________ Certifying Officer Name and Title

___________ Consultant

___________ Whom to direct comments to

___________ A description of the physical project location, addresses and maps, etc

___________ Project description, (must include activities whether funded with CDBG funds or non-CDBG

funds)

___________ Statement of purpose and need for the project

___________ Existing Conditions and trends

___________ Funding Information

___________ Estimated total project cost




LAW/AUTHORITY Documentation

shows how RE

came to

conclusion

Enter YES

below

Documentation

does not show

how RE came to

conclusion

Enter NO

below

SOURCE DOCUMENTS: All items on the checklist MUST have source documentation

(from the appropriate regulatory source) that supports the RE’s conclusion for that item. All

documents must be attached to the ERR. Such as:

Letters, e-mails, phone logs/notes with representatives of implementing regulatory

agencies

Copies of city/county ordinances or resolutions, for each item on the checklist.

All communications

Copies of public/community requests for information

Environmental objections received

Record of site visits and meetings, including a list of attendees

FEDERAL STATUTORY CHECKLIST

Airport Clear Zones and

Accident Potential Zones

Maps identifying distances the project is from airports and types of airports. HUD web site

regarding airports. Local airport manager.

Coastal Barrier Resources

Act/ Coastal Barrier

Improvement Act

Coastal Zone Atlas, DLCD, USFWS and HUD.

Flood Disaster Protection

Act – Flood Insurance

Documentation of participation in the FEMA flood insurance program or maps or other flood

insurance projection that community may have. HUD has web site on this for more

information.

Clean Air Act EPA and DEQ. List of current Oregon non-attainment area’s from DEQ and EPA.

Coastal Zone Management For Coastal High Hazard Areas - V Zones: When FEMA provides interim flood hazard

data, such as Advisory Base Flood Elevation or preliminary maps and studies, these

sources must be used. If the FEMA information is unavailable or insufficiently detailed,

other Federal, state, or local data may be used as the “best available information”. The

base flood elevation from a FEMA interim or preliminary or non-federal source cannot

be used if it is lower than the current FIRM or Flood Insurance Study (FIS).

Coastal Zone Atlas, DLCD, NOAA. Could include a map of the coastal zone showing the

project site relative to the coastal zone.

Contamination and Toxic

Substances

EPA and DEQ. Local Fire Marshall, Fire Chief. HUD guidebook “Choosing an

Environmentally Safe Site”

Endangered Species NMFS, USFWS, ODFW, pre-existing biological assessments or biological assessments

prepared as result of this EA and any other relevant information. Such as list of threatened or

endangers plant or wildlife species.

Explosive and Flammable

Operations

DEQ, Local Fire Marshall, Fire Chief. HUD guidebook “HUD assisted Projects near Hazardous

Facilities (HUD-1060-CPD, Sept. 1996) for requirements.

The comments in this column below are suggestions on where the recipient may start to locate compliance documentation.

Recommend that recipient uses the HUD Specialized Checklist for each topic area below. The checklist can be found on HUD’s web site at: http://portal.hud.gov/hudportal/HUD?src=/states/shared/working/r10/environment/oregon








Farmland Protection Policy

Act

USDA – NRCS, DLCD, Oregon Department of Agriculture, Local Comprehensive Land Use

Plan. Local zoning ordinances, resolutions or policies.

Floodplain Management FEMA preliminary maps and advisory base flood elevations (ABFE or BFE), where

available rather than the Flood Insurance Rate Maps (FIRMs). When available, the

latest interim FEMA information, such as an ABFE or preliminary map or study is the

“best available information” and must be used.

The “best available information” and maps showing the project site relative to the floodplain.

Documentation of the required 8-step process if needed.

Historic Preservation Obtain tribal list from TDAT. All SHPO/THPO consultation documents, cultural monitoring

reports, pedestrian survey’s (pre-existing documents or documents prepared as result of this

EA) etc.

Noise Abatement Control Documentation to demonstrate compliance with the HUD noise requirements found on page’s

3-42 and 3-43 of the GMH. HUD noise calculator, HUD guidebook Noise Guidebook.

Sole Source Aquifers EPA documentation from the sole source aquifer web site and USGS.

Wetland Protection National Wetlands Inventory (NWI). NWI maps are the official and primary source of

wetland data. NWI staff should be consulted for delineations of the wetland or of the

NWI maps are thought to be inaccurate. If NWI staff are unavailable a wetlands

professional may be consulted. HUD encourages the use of secondary resources such

as the Natural Resource Conservation Service’s National Soil Survey’s and any state

(Oregon Division of State Lands) and local information.

USACE or DSL Section 404 permit, recipients EO11990 compliance response and removal/fill

permits from DSL. A map of Federally designated wetlands in the project area showing the

project site relative to the wetlands. Documentation of the required 8-step process, if needed.

Wild and Scenic Rivers DEQ or the National Park Service for a copy of designated rivers in Oregon. Must identify

whether the project site is within 1 mile of a wild and scenic river.

Environmental Justice EPA. Documentation on whether the project will have an adverse effect on minority and or LMI

persons, See GMH Page 3-42.

LAND DEVELOPMENT

Land Development/

Compatible Land Use

Zoning

Local Land Use Comprehensive Plan and general letter/response from DLCD. Local zoning

ordinances, resolutions and policies. Zoning map with project location identified. Local

Planning Department.

Scale and Urban Design Local Land Use Comprehensive Plan, or other local ordinances, resolutions, policies. Local

land use planning department, engineer or architect. Soil Suitability Local Land Use Comprehensive Plan and prior engineering assessments, if any. USDA –

NRCS general letter/response and maps with project location identified. Architect, Engineer or

local soil and water conservation district.

Slope Local Land Use Comprehensive Plan and prior engineering assessments, if any. USDA –

NRCS general letter/response and maps with project location identified. Architect, Engineer or

local soil and water conservation district. Local building codes regarding slope. Slope map

with project location identified.

Erosion/Drainage/Storm

Water Runoff

Local Land Use Comprehensive Plan and prior engineering assessments, if any. Information

about erosion control during construction must be obtained from DEQ. Local building codes

regarding erosion. Local soil and water conservation district and USDA’s NRCS.

Hazardous Nuisances

including Site Safety and

Noise

ESA, Local building codes, ordinances and Land Use Comprehensive Plan, FEMA, local fire

department.

Energy Consumption Engineering data regarding projected operation and maintenance costs for the new system




compared to the existing system. Oregon Department of Energy.

SOCIOECONOMIC

Employment and Income

Patterns

Local Land Use Comprehensive Plan and land use planner or economist.

Demographic Character

Changes

Local Land Use Comprehensive Plan and land use planner, and local community action

agencies.

Displacement Local Land Use Comprehensive Plan and land use planner, and OBDD-IFA.

COMMUNITY FACILITIES AND SERVICES

Educational and Cultural

Facilities

Local Land Use Comprehensive Plan, local school superintendent, and local

transportation/traffic department

Commercial Facilities Local Land Use Comprehensive Plan and land use planner, local chamber of commerce and

transportation department

Health Care Local Land Use Comprehensive Plan and land use planner, transportation department, local

health, fire and police departments.

Social Services Local Land Use Comprehensive Plan and land use planner, transportation department, local

health, fire and police departments.

Solid Waste Local Land Use Comprehensive Plan, Solid Waste Management Plan, Capital Improvement

Plan and local ordinances, resolutions or policies. Local solid waste provider or engineer.

Wastewater Local Land Use Comprehensive Plan or Wastewater Master Plan, Wastewater Facilities Plan,

Capital Improvement Plan and local ordinances, resolutions or policies. DEQ NPDES or

WPCF permit and enforcement documents. Wastewater System Manager/Operator.

Water Supply Local Land Use Comprehensive Plan, Water System Master Plan and local ordinances,

resolutions or policies. OHA-DWP permits and enforcement documents. Water System

Manager/Operator.

Public Safety - Police, Fire

and Emergency Medical

Local Land Use Comprehensive Plan, ordinances and policies and local Fire Marshall, Fire

Chief, Police Chief etc.

Parks, Open Space and

Recreation

Local Land Use Comprehensive Plan, local land use planner and local ordinances, resolutions

or policies. Map of open spaces with project location identified. National Parks Service, BLM,

USFS and Oregon State Parks.

Transportation and

Accessibility

Local Land Use Comprehensive Plan and land use planner, and local ordinances, resolutions

or policies. Local transportation department.

NATURAL FEATURES

Unique Natural Features

and Agricultural Lands

DLCD, USDA-NRCS, State Parks, National Park Service, Local Comprehensive Land Use

Plans etc. Maps from NRCS or Local Comprehensive Land Use Plan with project location

identified.

Water Resources OWRD, OHA-DWP and DSL. Local Comprehensive Land Use Plans, Local land use planner,

engineer, hydrologist

Vegetation and Wildlife Any pre-existing biological assessments or biological assessments conducted as part of the

EA. ODFW, USFWS, NMFS , biologist, ecologist etc.




___________ Identification of all additional studies performed

___________ Field Inspection

___________ List of all sources, agencies and persons consulted, duties titles and roles

___________ List of permits obtained

___________ Public outreach

___________ Cumulative Impact Analysis

___________ Evaluation of Alternatives to the proposed action and project modifications

___________ No action alternative

___________ Summary of Findings and Conclusions

___________ A complete list of the mitigation actions necessary, and identification how each mitigating

action will be achieved

__________ A description of the monitoring and enforcement procedures and post environmental review

actions the RE will implement to ensure compliance with the ERR.

__________ Copies of any other relevant correspondence and notifications:

_____ Official notification letters providing environmental data

_____ Community requests for information

_____ Copies of environmental objections/comments

_____ Record of site visits and important meetings, including:

____ List of attendees

____ Meeting minutes

__________ RE’s determination of a FONSI or significant impact

___________ Date RE signed checklist

_____ Signed by RE’s chief elected official; or

_____ If signed by someone other than the RE’s chief elected official there must be

documentation that the RE officially designated and authorized another staff

person of the RE, by the city council or county board of commissioners (resolution

and or meeting minutes must be in the ERR) as the federal certifying officer.

_____ Checklist MUST be signed before the NOI-RROF or the combined notice is

disseminated (published, mailed etc.).

COMBINED NOTICE: Exhibit 3K of the GMH

___________ The dates within the combined Notice are accurate:

_____ Request for Release of Funds - Must be at least one day after the local

governments 15 day if advertised or 18 day if posted local comment period. Date

within Notice________________

_____ Public Comments – Must be the local governments 15 day if advertised or 18 day

if posted comment period. Date within Notice___________________________

_____ Objections to Release of Funds – Must the projected date in which OBDD-IFA

could issue the ROF and includes the 15 or 18 local comment period, a few days

to add public comments received to the ERR and send the entire ERR to OBDD-




IFA and the state’s 15 day public comment period. Date within

Notice______________________________

___________ Combined Notice was published or posted AFTER the ERR checklist was signed. Date

Notice was advertised or posted__________________________

__________ Evidence of publication and/or certification of posting is included in the ERR.

_____ Affidavit of Publication, including copy of notices that was published

_____Written and signed certificate of posting, documenting:

_____ Location(s) notice was posted

_____ Date(s) the notice was posted

_____ Who actually posted the notice

_____ A copy of what was posted

__________ Combined Noticed was mailed to interested parties:

_____ Individuals or groups known to be interested such as ODFW, USFWS, SHPO,

THPO, DEQ state and federal agencies, etc

_____ The local news media

_____ EPA

_____ HUD

_____ Other, Identify_____________________________________________________

__________ Comments received by the RE, during the local comment period must be addressed by the

RE and all comments and responses included in the ERR, BEFORE the ERR and RROF is

sent to OBDD-IFA.

REQUEST FOR RELEASE OF FUNDS: Exhibit 3H of the GMH

__________ Date RROF was signed by RE’s certifying Officer. It MUST be signed after the first 15 or 18

day local comment period has concluded.

__________ Date OBDD-IFA received the full ERR and RROF.

RELEASE OF FUNDS:

__________ Date OBDD-IFA issued the ROF



ENVIRONMENTAL ASSESSMENT – ENVIRONMENTAL REVIEW RECORD …€¦ · ENVIRONMENTAL ASSESSMENT – ENVIRONMENTAL REVIEW RECORD (ERR) GUIDE (3-29-16) 1 Completing an environmental review

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