WYOMING STATE REVOLVING FUNDS PROGRAM GUIDANCE DOCUMENT
To: SRF Loan Applicants/Recipients and their Engineers
From: Wyoming State Revolving Fund (SRF) Program
- Brian Mark, SRF Principal Engineer, WDEQ/WQD, 777-6371
- Kevin Frank, SRF Project Engineer, WDEQ/WQD, 473-3471
- Wade Verplancke, DWSRF Program Principal, Water Development Office, 777-7626
- Rebecca Webb, SRF Loan Specialist, Office of State Lands, 777-6046
- Debra Dickson, Grants & Loans Lead Worker, Office of State Lands, 777-6373
- Cori Phelps, SRF Loan Specialist, Office of State Lands, 777-7453
Date: October 2011
This guidance assists loan applicants/recipients in complying with state and federal requirements
for obtaining a State Revolving Fund (SRF) loan. Attachment 1 (see page 4) is a flow diagram of
the SRF loan process. Additional guidance for SRF loan applicants is available at
http://deq.state.wy.us/wqd/www/srf/index.asp. Contact the SRF program regularly during the
process to help ensure you comply with the various requirements.
The Clean and Drinking Water State Revolving Fund enabling legislation (W.S. 16-1-201
through 16-1-307) requires the Department of Environmental Quality (DEQ), the Water
Development Office (WDO), and the Office of State Lands and Investments (OSLI) to review
loan applicants' compliance to federal "cross-cutting" requirements. Cross-cutting requirements
are federal authorities and Executive Orders which apply to projects and activities receiving
federal financial assistance. As a State Revolving Funds loan applicant/recipient, you must
comply with all cross-cutting requirements.
Environmental Cross-cutting Requirements
All SRF loan projects are subject to environmental cross-cutting requirements. Cross-cutting
federal authorities include environmental laws such as the Clean Air Act, Clean Water Act,
Farmland Protection Policy Act, National Historic Preservation Act, Archeological and Historic
Preservation Act, Endangered Species Act, Migratory Bird Treaty, and Executive Orders on the
protection of wetlands and flood plains. Additionally, the State of Wyoming is committed to
State of Wyoming Executive Order 2010-4 titled "Greater Sage-Grouse Core Area Protection"
and to the Platte River Recovery Implementation Program. To ensure compliance with these
environmental cross-cutters, commitments, and plans, each project must undergo the State
environmental review process before loan approval. This is similar to a National Environmental
Policy Act review. Attachment 2 consists of guidance information to help you with the
environmental review process for your project. Please direct environmental cross-cutting
questions to DEQ.
Social and Economic Cross-cutting Requirements
All SRF loan projects are subject to federal social and economic policy authorities, the extent
depending on whether the loan is funded with first round or with second round revolved dollars.
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These authorities include debarment and suspension, anti-discrimination, the Civil Rights Act of
1964, and Disadvantaged Business Enterprises. Attachment 3 discusses these cross-cutting
requirements. You will need to request the most recent "boilerplate" contract language from
DEQ during project design. Please direct social and economic cross-cutting questions to DEQ
(both drinking water and clean water) or WDO (drinking water only).
Capacity Development Requirements
All Drinking Water SRF loan applicants must demonstrate "Capacity Development" for their
water system. This demonstration shows that the system receiving the loan has the technical,
financial, and managerial capabilities to ensure current and ongoing successful operations.
Drinking Water SRF loan applicants must complete both the capacity development worksheets
and the additional financial worksheets available at
http://deq.state.wy.us/wqd/www/Capdev/index.asp or by contacting the DEQ SRF Program
directly. Please direct capacity development questions to DEQ.
Loan Application
SRF loan application forms are available on the internet at
http://lands.state.wy.us/index.php?option=com_content&view=article&id=306&Itemid=29 (near
bottom of page) or directly from OSLI. OSLI will review the completeness and adequacy of the
submitted loan application forms. The loan applicant should submit completed forms at least 45
days prior to the next State Loan and Investment Board (SLIB) meeting. Please direct loan
application questions to OSLI.
You must dedicate a repayment source for the loan and show that it is sufficient. Districts will
normally need to pass assessments to provide this dedicated revenue source.
You need to complete the environmental review process (i.e., 30th day of FNSI public comment
period) at least 15 days prior to the SLIB meeting. During the meeting, the SLIB will take
administrative action approving, denying, or modifying the SRF loan. The SLIB normally
considers board matters during regular meetings, which are usually held on the first Thursday of
even numbered months.
Permit to Construct
Most SRF projects require a DEQ permit to construct. On SRF projects, the permit to construct
process is handled jointly by the appropriate DEQ district office and the DEQ SRF Program.
They will review the construction drawings, specifications, design report, and bidding/contract
documents as part of this permitting process. Please contact the DEQ SRF program with
questions and to coordinate permit submittal and review before sending in the permit to construct
application materials. On Drinking Water SRF projects, you also need to send these documents
to WDO.
Cost Reimbursement
Loan recipients get reimbursed for project costs by submitting loan draft requests to the Office of
State Lands and Investments. You only get reimbursed for costs once they are actually incurred.
You must submit a loan draft request form and itemized documentation detailing all costs for
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which you seek reimbursement. Consultant invoices must be fully itemized for all charges, even
if the contract was originally written on a lump sum basis. Project costs such as administration,
planning and feasibility studies, and preliminary and final designs are typically reimbursable even
if they are incurred prior to loan approval. However, construction costs are only reimbursable if
construction begins after completion of the environmental review and if social and economic
cross cutters such as Davis Bacon wage requirements are properly implemented.
Contacts
Please contact us with any questions you have about the SRF Program.
Brian Mark Wade Verplancke
SRF Principal Engineer Project Manager
Department of Environmental Quality Water Development Office
Herschler Bldg, 4-W 6920 Yellowtail Road
Cheyenne, WY 82002 Cheyenne, WY 82002
Tel 307-777-6371 Tel 307-777-7626
Fax 307-777-5973 Fax 307-777-6819
e-mail: brian.mark@wyo.gov e-mail: wade.verplancke@wyo.gov
Rebecca Webb Debra Dickson
SRF Loan Specialist Grants & Loans Lead Worker
Office of State Lands and Investments Office of State Lands and Investments
Herschler Bldg, 3-W Herschler Bldg, 3-W
Cheyenne, WY 82002 Cheyenne, WY 82002
Tel 307-777-6046 Tel 307-777-6373
Fax 307-777-5400 Fax 307-777-2980
e-mail: rebecca.webb@wyo.gov e-mail: debra.dickson@wyo.gov
Cori Phelps Kevin Frank
SRF Loan Specialist SRF Project Engineer
Office of State Lands and Investments WDEQ Casper Field Office
Herschler Bldg, 3-W 152 N. Durbin St., Suite 100
Cheyenne, WY 82002 Casper, WY 82601
Tel 307-777-7453 Tel 307-473-3471
Fax 307-777-2980 Fax 307-473-3458
e-mail: cori.phelps@wyo.gov e-mail: kevin.frank@wyo.gov
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ATTACHMENT 1: State Revolving Funds Flow Diagram
This illustrates the normal logical progression of major steps for a SRF loan project. Some steps
can run concurrently or be switched around slightly.
Notify State Revolving Fund Program of proposed project
Project must be on annual Intended Use Plan (handle through DEQ)
Environmental Review Process (handle through DEQ)
Dedicate repayment source (questions to OSLI)
Loan Application (handle through OSLI)
Loan approval by State Loan and Investment Board
Review of drawings, specifications, design report, and bidding/contract documents
for issuance of a permit to construct (handle through DEQ for all projects, include
WDO on drinking water SRF projects)
Open bids and submit information for SRF approval before awarding contract (handle
through WDO on drinking water SRF projects and through DEQ on clean water SRF
projects)
Construction (keep SRF informed of progress, proposed changes, issues)
Submit Loan Draft Requests (through OSLI)
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ATTACHMENT 2: Environmental Review Process
Before starting the environmental review process, contact DEQ to determine whether the project
is eligible for a categorical exclusion (cat-ex) or requires the full State Environmental Review
Process (SERP) involving an Environmental Assessment (EA) and Finding of No Significant
Impact (FNSI).'
Public Meeting
You must conduct public participation. This includes a public meeting where you present the
chosen alternative, or various project alternatives, and the estimated project cost, loan amount,
dedicated source of repayment, and the effects on user rates and fees. Publish a public meeting
notice in the local paper at least 15 days before the meeting. See the attached Example Public
Meeting Notice. Get DEQ approval before you publish your notice. The public shall be allowed
to voice their concerns and opinions in writing, before, and verbally, during, the public meeting.
Submit to DEQ summaries and responses to all the public comments, a copy of the meeting
minutes, and proof of publication of the meeting notice. The public meeting requirement applies
to both the cat-ex process and the full EA/FNSI process.
Categorical exclusion (cat-ex) process:
Projects such as replacement of water or sewer mains or modifications to treatment plants within
the existing plant site are often eligible for an exemption (a categorical exclusion, or "cat-ex")
from the full review process.
1. Send a letter to each of the agencies listed as Federal and State Contacts for
Environmental Issues, using the attached Example Letter to Federal and State
Contacts. The letters request the agencies to review the project for compliance with
environmental issues under the agencies' jurisdiction and authority. The letter briefly
describes the project. Attach a project area map, usually based on a USGS 7.5 minute
topographic map. Get DEQ approval of your letters before you send them. Provide DEQ
copies of all correspondence to and from the agencies.
2. If the agencies have no comments and no further actions are required, write a draft
Categorical Exclusion and send it to DEQ. See the attached Example Categorical
Exclusion Determination. After DEQ approves it, publish the Categorical Exclusion
Determination in a local paper of general circulation. Provide DEQ an affidavit of
publication as soon as available and retain a copy for your records.
Environmental Assessment (EA) and Finding of No Significant Impact (FNSI) process:
1. Send a letter to each of the agencies listed as Federal and State Contacts for
Environmental Issues, using the attached Example Letter to Federal and State
Contacts. The letters request the agencies to review the project for compliance with
environmental issues under the agencies' jurisdiction and authority. The letter briefly
describes the project. Attach a project area map, usually based on a USGS 7.5 minute
topographic map. Get DEQ approval of your letters before you send them.
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2. Provide the agencies with any additional information they request. Send to DEQ copies
of all the correspondence between you and the environmental agencies. If an
environmental agency makes 'recommendations' for surveys, studies, etc., those
'recommendations' typically must be treated as imperatives; the surveys or studies must be
conducted and submitted for review. Submit the surveys or studies directly to that
agency, with a copy to DEQ. In your submittal letter to the agency, you can note that the
SRF program has authorized you to submit directly to them. Your correspondence with
the various environmental agencies is not complete until each agency expresses they have
no further concerns or issues with the project that the loan applicant has not or will not
address. To help avoid delays, you should discuss the agencies' correspondence promptly
with DEQ to make sure that the loan applicant is addressing any agencies’ issues.
3. After all agency issues are addressed and the required public meeting is held, prepare an
Environmental Assessment (EA) report for the proposed project. See attached Example
Environmental Assessment Report Outline. Other formats may also be acceptable, but
please contact the SRF Program first.
4. Barring significant public opposition to the project, DEQ will issue a Finding of No
Significant Impact (FNSI). You must publish the FNSI in a local paper of general
circulation and provide DEQ an affidavit of publication. The FNSI opens a 30 day formal
public comment period. DEQ will address any comments relating to the project. If there
are no comments, expiration of the 30 day comment period ends the environmental
review process.
Federal & State Contacts for Environmental Issues: You must send letters to and obtain
clearances from the following contacts:
National Historic Preservation Act and
Archeological and Historic Preservation Act
Mary Hopkins, SHPO
Wyoming State Historic Preservation Office
2301 Central Avenue, Barrett Building, 3rd Floor
Cheyenne, WY 82002
307-777-7697
Protection of Wetlands
Matthew A. Bilodeau, Program Manager
Wyoming Regulatory Office
US Army Corps of Engineers, Omaha District
2232 Dell Range Boulevard, Suite 210
Cheyenne, WY 82009-4942
307-772-2300
Farmland Protection Policy Act
J. Xavier Montoya, State Conservationist
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US Department of Agriculture, NRCS
Federal Building
100 East B Street, Room 3124
PO Box 33124
Casper, WY 82602
307-233-6750
Endangered Species Act
R. Mark Sattelberg, Field Supervisor
Ecological Services
US Fish & Wildlife Service
5353 Yellowstone Road, Suite 308A
Cheyenne, WY 82009
307-772-2374
Clean Air Act
Kelly Bott, Air Quality Planning Program Manager
Wyoming DEQ/Air Quality Division
122 W. 25th Street
Herschler Building, 2 East
Cheyenne, WY 82002
307-777-6088
Greater Sage-Grouse Core Area Protection
Mary Flanderka, Statewide Habitat Protection Supervisor
Wyoming Game and Fish Department
5400 Bishop Boulevard
Cheyenne, WY 82006
307-777-4506
Flood Plain Management
When the project is in a flood plain, you must contact the local flood plain manager. Check with
your local municipal or county building officials for the correct contact. If a Flood Plain
Development Permit is required, you must also notify the state and federal contacts listed below
to solicit any comments they may have on the project. Do not contact the state and federal
contacts below unless a Permit is required.
State Contact:
Kim Johnson, Wyoming NFIP Coordinator
WY Office of Homeland Security
Herschler Building, 1st East
122 West 25th St.
Cheyenne, WY 82002
307-777-4910
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Federal Contact:
Barbara McEvoy, Floodplain Management Specialist
FEMA Region VIII
Denver Federal Center
Bldg. 710, Box 25267
Denver, CO 80225-0267
303-235-4759
Platte River Recovery Implementation Program (PRRIP)
If the project is located in the drainage basin of the Platte River, you must contact the coordinator
listed below. A guidance document regarding PRRIP is available at
www.fws.gov/platteriver/Documents/Draft%20Wyoming%20Guidance%2030Aug2007.pdf (or
go to www.fws.gov/platteriver/ and click on the "Guidance for Water-Related Projects in
Wyoming" link). See in particular Attachment D of that document for additional items to
address in your letter to the coordinator.
Matthew Hoobler, North Platte Coordinator
Wyoming State Engineer's Office
122 West 25th Street
Herschler Building, 4 East
Cheyenne, WY 82002
307-777-7641
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Example Public Meeting Notice:
NOTICE OF PUBLIC MEETING
The (name of applicant and location), Wyoming, will conduct a public meeting at (time), local
time, on (date), in the (meeting location). The purpose of the meeting is to allow citizens to
review and comment on the following project(s). (Describe project(s) and reason(s) for it)
The (applicant) intends to use funds from the Wyoming (Clean Water and/or Drinking Water)
State Revolving Loan Fund administered by the Wyoming Office of State Lands and
Investments. The (applicant) will present the preliminary design of the proposed project and
discuss the estimated cost of the improvements. Based on current estimates, the (applicant) plans
to borrow ($ amount) from the Wyoming (Clean Water and/or Drinking Water) State Revolving
Loan Fund. Increased user fees will repay the loan. The average rate increase is estimated to be
($XX/month) per user to repay this ($ amount) loan, which has terms of 2.5% and 20 years.
(modify as needed for other repayment methods or terms) A preliminary plan of improvements
and estimates can be reviewed at (applicant's or consultant's location). Contact (applicant
contact) at (applicant contact phone number).
Written comments are also welcome and must be received by (close of business time) on (date).
Send written comments to (applicant address and contact person).
Published (publish date)
Date (date)
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Example Letter to Federal and State Contacts:
(Attach map of project area; USGS 7.5 minute topographic map is appropriate.)
DATE
APPLICANT NAME
APPLICANT ADDRESS
AGENCY
AGENCY CONTACT/ADDRESS
ATTN: AGENCY CONTACT PERSON
RE: Compliance with Federal Authorities to obtain a State Revolving Fund Loan for
STATE PROJECT NAME
Dear AGENCY CONTACT PERSON:
The enclosed map shows the proposed project area for the PROJECT NAME. This area is
located in GIVE LEGAL ADDRESS SECTION(S) TOWNSHIP(S) RANGE(S).
This project includes PROJECT DESCRIPTION. Completion of the project is expected in
COMPLETION DATE.
The Wyoming State Revolving Fund Program and the federal funding agency, the United States
Environmental Protection Agency Region VIII, are committed to complying with federal
requirements and Executive Orders that apply in federal financial assistance. We are contacting
you to ensure this project complies with applicable authorities under your agency's jurisdiction.
Please review this project with respect to your agency's concerns and provide a response to me.
If your agency has concerns and will not issue a clearance, please contact me at your earliest
convenience concerning what steps must be taken to address your concerns.
If you require additional information or require clarification, please contact me at PHONE
NUMBER. Thank you for your attention to this matter.
Sincerely,
APPLICANT PROJECT MANAGER
Encl. Project area map for PROJECT NAME
cc: Brian Mark, DEQ/WQD, Herschler Bldg. 4-W, Cheyenne, WY 82002
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Example Categorical Exclusion Determination:
CATEGORICAL EXCLUSION DETERMINATION
For the (OWNER AND PROJECT NAME),
(PROJECT COUNTY) County, Wyoming
The Department of Environmental Quality/Water Quality Division (DEQ) has conducted a
review of the proposed (PROJECT NAME) project in accordance with EPA and State of
Wyoming procedures for implementing the State Environmental Review Process. DEQ has
determined that this project is eligible for a categorical exclusion since (PROVIDE
JUSTIFICATION FOR CAT EX, E.G. PROJECT REPLACES EXISTING
INFRASTRUCTURE, PROJECT IS WITHIN AN EXISTING BUILDING, ETC). The entire
project site has been previously disturbed. Accordingly, DEQ is exempting the project from
further substantive environmental review requirements under the State Environmental Review
Process.
The following is a brief description of the situation and the proposed action and a brief statement
of how the action meets the criteria for a categorical exclusion; therefore, a full Environmental
Assessment and Finding of No Significant Impact will not be required for the proposed action.
(PROVIDE PROJECT DESCRIPTION, AND ESTIMATED COSTS, SRF LOAN AMOUNT,
REPAYMENT METHOD, AMOUNT OF INCREASE IN USER
RATES/FEES/ASSESSMENTS)
The (OWNER) is aware of and accepts the fact that they will be responsible for any required
mitigative actions associated with and including storm water runoff, erosion control,
archeological/historic artifacts, and air quality concerns. These will be part of the standard State
Revolving Funds Program contract conditions.
DEQ is granting an exclusion because this project will be completely constructed in previously
disturbed ground, specifically (PROVIDE DESCRIPTION OF PREVIOUSLY DISTURBED
GROUND, E.G. A PREVIOUSLY INSTALLED SEWER, WATERLINE, STORAGE TANK,
ROADWAY, ETC). DEQ has determined that exempting the proposed project from further
review under the State Environmental Review Process will not result in adverse impacts to the
population or the area of (PROJECT TOWN OR CITY, AND COUNTY) County, Wyoming.
The documentation to support this decision will be on file in the DEQ Cheyenne office and is
available for public scrutiny upon request. Comments concerning this decision may be addressed
to Brian Mark, State Revolving Funds Program, Water Quality Division, Department of
Environmental Quality, Herschler Building 4-W, 122 West 25th Street, Cheyenne, WY 82002,
telephone (307) 777-6371, FAX (307) 777-5973, e-mail brian.mark@wyo.gov
Publish Date:
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Example Environmental Assessment Report Outline:
I. SUMMARY
A. PROJECT IDENTIFICATION
Applicant:
Address:
Project No.:
B. CONTACT PERSON
Mr./Ms.
City/Town/District Representative
P.O. Box
, WY
C. ABSTRACT
(Give a brief overview of the proposed project. State that it will have no significant
adverse impact, if appropriate.)
D. COMMENT PERIOD
In conformance with the requirements of the Wyoming Environmental Review Process,
the Finding of No Significant Impact (FNSI) will be subject to a 30-day public review
period. The FNSI will be available for public review at the . Any Comments
received will be given due consideration. Comments should be addressed to:
Brian Mark, SRF Principal Engineer
DEQ/Water Quality Division
Herschler Building, 4W
Cheyenne, WY 82002
II. PURPOSE AND NEED FOR ACTION
(DWSRF Loans: Describe the public health issues and/or non-compliance with drinking water
standards. CWSRF loans: Describe any non-compliance with DEQ regulations or WYPDES
permit and other public health issues.)
III. ALTERNATIVES INCLUDING THIS PROPOSED ACTION
A total of alternatives were examined for the purposes of correcting the (drinking
water/wastewater) deficiencies and providing adequate treatment for a 20 year planning period.
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A. ALTERNATIVE 1 - NO ACTION ALTERNATIVE
(Briefly describe and evaluate the relevant future environmental conditions without the
project being implemented.)
B. ALTERNATIVE 2 - PROPOSED ALTERNATIVE
(Briefly describe the proposed alternative, with cost data. A more detailed description
will be given in section IV. Alternatives can be given a name rather than a number if
appropriate.)
C. ALTERNATIVE 3 (etc., or OTHER ALTERNATIVES CONSIDERED)
(Continue with any additional alternatives that were considered. Describe commensurate
with the level of analysis applied. Some alternatives are rejected early on in the process
while others undergo a more detailed analysis similar to the proposed alternative.)
IV. AFFECTED ENVIRONMENT
A. DESCRIPTION OF PLANNING AREA
(Describe the planning area with location, climatological, economic, employment and
other pertinent information.)
B. PROPOSED ALTERNATIVE
(Describe the chosen alternative in more detail. Reference map of project area/proposed
alternative in appendix. Describe why the proposed alternative was chosen.)
C. POPULATION AND FLOW PROJECTIONS
(Describe the population and water or wastewater projections.)
V. ENVIRONMENTAL IMPACTS OF THE PROPOSED PROJECT
A. DIRECT AND INDIRECT IMPACTS
(List all impacts beneficial and adverse, direct, cumulative, and indirect. Direct impacts
are caused by the action and occur at the same time and place. Indirect impacts are
caused by the action and are later in time or farther removed in distance, but are still
reasonably foreseeable. Indirect effects may include changes in population density or
growth rate, and related effects on air and water and other natural systems, including
ecosystems. Cumulative impacts are the sum of past, present, and reasonably foreseeable
actions, either private or public, in the project area.
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If the project involves treatment plant expansion, a new treatment plant, or a significant
addition to the service area; the applicant needs to contact the SRF Program for a
complete description of the required contents of the EA report. The existing and 20-year
(or other design time frame) population and land use in the pertinent service area will
need to be illustrated and described. If the population and land use impacts extend
beyond the service area, the analysis area will need to be expanded to the entire impacted
area. The project applicant shall identify where new growth is likely to occur and
potential impacts of the growth. The applicant will need to inform the public regarding
potential impacts of the growth and identify any planning efforts, ordinances, regulations,
and procedures that are in place to mitigate or prevent impacts in Section VI below.)
1. (discuss the positive effect of solving the problems the project is designed to
correct)
2. (discuss increased growth the project may induce, if applicable, and any other
social or economic effects)
3. (Discuss outcome of contact with SHPO. Reference appropriate appendix for
copies of correspondence and studies.)
4. (Discuss .... Corps of Engineers....)
5. (Discuss .... NRCS....)
6. (Discuss .... US Fish & Wildlife....)
7. (Discuss .... DEQ/AQD....)
8. (Discuss .... Wyoming Game and Fish....)
9. (Discuss .... floodplain manager ...., if applicable)
10. (Discuss .... SEO ...., if applicable)
11. (others as appropriate)
B. UNAVOIDABLE ADVERSE IMPACTS
1. There will be minor, short term increases in noise and ambient air particulate
levels and increased traffic in the immediate vicinity of the construction activities.
2. Construction of the project will result in the commitment of resources including
capital, manpower and materials.
3. Some minor short term increases in sedimentation may result from runoff from
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soils exposed in the course of construction.
4. (others?)
VI. MITIGATION OF ADVERSE IMPACTS
After an evaluation of anticipated impacts of construction and operation of the proposed
facilities, the following mitigation alternatives and recommendations were selected to minimize
or eliminate these impacts.
1. Routine mitigation techniques for limiting direct runoff from disturbed areas and
dewatering conduits, including berms, sediment traps, etc., which will be effective in
limiting sediment into water courses.
2. Dust control measures will be required if dust from the access road and construction
site becomes a nuisance.
3. Vegetation which was disturbed will be re-established in accordance with local land-
use type.
4. Additional landscaping of the facility may be required to minimize the aesthetic impact
or to enhance the visual quality of the new facility. This may include removing berms of
the existing plant which will not be used for flood control and planting the area with local
species which blend with the surrounding area. (if applicable)
5. Color selection of the building should be made to minimize contrast with the dominant
color patterns. (if applicable)
6. (other mitigation required for other known issues, such as wildlife surveys, time
constraints, flow mitigation, etc., if applicable)
VII. PUBLIC PARTICIPATION
A public meeting was held on , 20 at the (City/Town) of (City/town hall)
to present the alternatives considered. Comments were solicited and questions were answered at
this meeting. (summarize public comments and responses, also reference appropriate appendix
with Public Notice and minutes)
VIII. REFERENCE DOCUMENTS
1. Planning Document, City/Town of ; (consulting engineer); Date.
2. Local Planning Document
3. (other documents)
IX. AGENCIES CONTACTED
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1. Wyoming State Historic Preservation Office
2. US Army Corps of Engineers
3. USDA Natural Resources Conservation Service
4. US Fish and Wildlife Service
5. WDEQ Air Quality Division
6. Wyoming Game and Fish Department
7. Local Flood Plain Manager (if applicable)
8. Wyoming State Engineers Office (if applicable
9. (others?)
X. APPENDICES
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ATTACHMENT 3: Social and Economic Cross-cutting Requirements
Please note that standard "boilerplate" language covering several cross-cutting requirements must
be included in bidding/contract documents. You should request the most current boilerplate
language from DEQ. Read the instructional language at the beginning of the boilerplate language
document to assist you with incorporating the boilerplate language into your bidding/contract
documents.
SRF loans may be funded with either 1st round or 2nd round monies. 1st round refers to the first
time money has been loaned out after appropriation from the Environmental Protection Agency
to the SRF. 2nd round refers to loans made with money that was previously loaned out by SRF
and then was repaid, or "revolved," back to the SRF. Some of the cross-cutters only apply to 1st
round money.
You must get SRF approval of your bidding/contract documents before you begin advertising for
bids. You must also get SRF approval of the apparent successful bid before you award the
contract.
A. Wyoming Laws on Public Works and Contracts
All loan recipients must follow the applicable Wyoming statutes and include applicable language
in bidding and contract documents. Some applicable statutes are 16-6-101 through -121, 16-6-
701 through -708, 16-6-1001, and 15-1-113. They cover such things as the 5% preference for
resident contractors and materials, advertising for bids, bonds, retainage, etc. Due to conflicts
with Federal requirements governing State Revolving Funds, Wyo. Statutes 16-6-201 to 16-6-
206, regarding preference for Wyoming laborers, do not apply. The standard boilerplate
language covers some of these items; others are left for you to incorporate into your standard
contract language.
B. Pre-award Compliance Review Report
- Title VI Civil Rights Act of 1964
- Federal Water Pollution Control Act Amendments of 1972
- Rehabilitation Act of 1973
- The Age Discrimination Act of 1975
- Title IX of the Education Amendments of 1972
- Federal Actions to Environmental Justice in Minority Populations and Low-Income Populations
All loan applicants must comply with the "super cross-cutting" federal anti-discrimination laws
listed above. The loan application packages contain a "Pre-award Compliance Review Report"
form which all loan applicants must complete and submit with the loan application.
C. Disadvantaged Business Enterprises Utilization
1st round loan recipients must include standard boilerplate language regarding Disadvantaged
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Business Enterprises (DBEs) in bidding/contract documents. The loan recipient and the
bidders/contractors are required to make good faith efforts with adequate documentation to
include DBEs as subcontractors and suppliers on the project. The standard language covers the
good faith efforts, documentation, and other related requirements. Bidders on 1st round projects
must submit various documents with their bids. The loan recipient must submit various
documents for SRF approval before the contract can be awarded.
D. Equal Employment Opportunity/Affirmative Action (EEO/AA)
The loan recipient must include Equal Employment Opportunity standard boilerplate language in
contract documents for projects receiving 1st round SRF monies. The minority and female
participation goals are applicable to the Contractor's aggregate workforce (Contractor's entire
workforce, not just workers on this project). The prime contractor must submit a report to the the
department of labor regarding the prime contract and certain subcontracts.
E. Certification Regarding Debarment, Suspension and Other Responsibility Matters
All loan applicants (1st and 2nd round) are required to complete and submit the "Certification
Regarding Debarment, Suspension, and Other Responsibility Matters" form included in the loan
application package. Prime contractors on 1st round projects must submit with their bids the
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower
Tier Covered Transactions" form included in the boilerplate. Each subcontractor on 1st round
projects must submit the same lower tier certification to the prime contractor prior to the award
of any subcontract. The Federal General Services Administration maintains a list of debarred
and suspended individuals and organizations. The list can be accessed over the Internet at
http://www.epls.gov.
F. Effective Administration - a.k.a. Prohibition Against Listed Violating Facilities
All loan recipients must comply with the effective administration requirements. Standard
boilerplate language must be included in contract documents. The loan recipient's contractor
shall comply with Clean Air Act and Clean Water Act requirements and standards. The loan
recipient's contractor cannot perform work in a facility listed on the EPA list of violating
facilities. If the assistance is to remedy the cause of the Clean Air Act or Clean Water Act
violation these requirements do not apply.
G. Williams-Steiger Occupational Safety and Health Act
All loan recipients must include standard OSHA language in the contract documents. This
language is provided in the boilerplate language document.
H. Other SRF Requirements
- Anti-Kickbacks
- Discovery of Archaeological and other Historical Items
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- Access
- Site Erosion and Sediment Control Measures
- WYPDES Construction Discharge Permits
- Air Quality Protection Measures
All loan recipients must include the boilerplate language for the above requirements in the
contract documents.
I. Preservation of Open Competition and Government Neutrality Towards Government
Contractors' Labor Relations on Federal and Federally Funded Construction Projects
All loan recipients must include the boilerplate language for the above requirement in the
contract documents.
J. Davis-Bacon Prevailing Wage Requirements
All loan recipients must include boilerplate language for this requirement in the contract
documents. This must also include the correct wage decision based on project type. The prime
contractor and all subcontractors must post the Davis Bacon poster and the wage decision at the
construction site, must pay employees at least the minimum wage rates indicated, and must
submit payrolls to the loan recipient weekly. The loan recipient must review weekly payrolls and
must interview the covered employees periodically to check compliance with requirements.
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