Docstoc

EAAdditionalInfo.doc - North Carolina Department of Commerce

Document Sample
EAAdditionalInfo.doc - North Carolina Department of Commerce Powered By Docstoc
					                                    INTRODUCTION
A.
Environmental review of Community Development Block Grant (CDBG) projects is a
requirement of the National Environmental Policy Act (NEPA) of 1969. The material
contained in this packet is modeled after 24 CFR Part 58 “Environmental Review
Procedures for the CDBG Programs,” as amended. Part 58 is the primary reference
that describes the procedures to be followed. It should be used for questions of a
regulatory nature. No guidebook can replace direct reference to the regulations. These
regulations fulfill HUD’s responsibility under NEPA and its own implementing
regulations.

The information contained herein is designed to enable a CDBG recipient to comply
with applicable environmental regulations and to successfully complete the process of
contract negotiations in a timely manner.

Grantees are required to complete all applicable review procedures in this guidebook
and publish all notices required by NEPA. The results of the project review, using the
forms in this guidebook, should be compiled into a document called the grantee
environmental review record (ERR).

Environmental Review Procedures

Conducting an environmental review and maintaining an ERR are important aspects of
the start-up process of CDBG management. CDBG or non-CDBG project funds
(other than those previously approved for administrative or environmental
assessment costs) MUST NOT be obligated or expended until the environmental
review process has been completed and the environmental conditions released.
Any such obligations or expenditures will not be eligible for CDBG reimbursement.

Special Cases

Some CDBG projects will be funded which are also receiving money from other sources such
as NCHFA or EPA, who may already have conducted an environmental review for the project.
If so, please contact DCA/CFC. In most cases, you will be asked to reevaluate the
Environmental Assessment to determine if it is still accurate and applicable. The locality must
still complete the ERR as instructed herein and publish the NOI/RROF.

Only when the environmental condition as described herein is met will DCA/CFC release non-
administrative grant funds to the locality.

The ERR is submitted as part of the ED application process. The ERR for Environmental
Assessment economic development projects should be submitted directly to the State
Clearinghouse. The ERR for Exempt or Categorically Excluded economic development
projects should be submitted to CFC. Determining the Level of Review Required




                                                                                             1
        EXEMPT Activities include:

       o Administrative costs

       o Environmental studies or assessments

       o Public services that will not have a physical impact

       o Technical assistance and training

       o Payment of reasonable engineering and design costs, as eligible

       o Purchase of insurance or tools

       o Title I loan payments

CATEGORICALLY EXCLUDED activities: (provided that there are no circumstances
which require compliance with any of the other Federal laws and authorities)

Categorically Excluded activities include:

   o Acquisition, construction, reconstruction, rehabilitation or installation of public
     facilities and improvements eligible under 24 CFR 570.201(c) the State program,
     subject to the following limitations:
         o the facilities and improvements acquired for continued use are in place and
              will be retained for the same use.
         o the facilities or improvements replace or upgrade existing facilities or
              improvements with only minimal change in use, size, capacity or location.
         o the facilities and improvements are consistent with the use of the site and will
              not change the use, size, capacity or character of the site.

   o Special projects directed to the removal of material and architectural barriers that
     restrict the mobility and accessibility of elderly and handicapped persons as
     authorized by Section 105(a)(5) of Title I and 24 CFR 570.201(k).

   o Public service grants which:
        o Are for eligible public services not exempt under Section 58.34(a)(9)
        o Are provided for a new or increased level of service not previously supported
            by Title I provided by the recipient in accordance with Section 105(a) of Title
            I and 24 CFR 570.201(e)(1).
        o Affect only the social or economic environment and will not result in the
            development of service facilities or physical improvements regardless of
            source of funds.
        o Are part of community development or housing projects funded in part or in
            whole under Title I and consisting solely of activities categorically excluded
            under this Section or exempt under Section 58.34.

   o Rehabilitation of buildings or improvements, subject to the following limitations:


                                                                                            2
        o In the case of multi family residential buildings:
                 Unit density is not changed more than 20 percent
                 The project does not involve changes in land use from residential to
                    non-residential
                 The estimated cost of rehabilitation is less than 75 percent of the total
                    estimated cost of replacement after rehabilitation.
        o In the case of non-residential structures, including commercial, industrial
            and public buildings:
                 The facilities and improvements are in place and will not be changed
                    in size or capacity by more than 20 percent
                 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
   o An individual action on a one- to four-family dwelling or an individual action on a
     project of five or more units developed on scattered sites when the sites are more
     than 2,000 feet apart and there are not more than four units on any one site.
   o Acquisition or disposition of an existing structure or acquisition of vacant land
     provided that the structure or land acquired or disposed of will be retained for the
     same use.
   o Combinations of the above activities.

ENVIRONMENTAL ASSESSMENT projects are those that are neither exempt nor
categorically excluded.

ENVIROMENTAL IMPACT STATEMENT- If the project is found to be a Major Federal
Action; the locality must prepare an Environmental Impact Statement (EIS). This is a
technical task and requires the assistance of a trained technician and careful attention to
the regulations at 24 CFR Part 58 and 40 CFR Parts 1500-1508. Certain types of projects
always require an EIS. These are included in the Federal Regulations at 24 CFR Part
58.37. Activities that would remove the habitat of any endangered animal or plant life may
also be classified as a Major Federal Action and would therefore require an EIS. If your
project requires an EIS, contact your Community Representative immediately.

Most CDBG projects do not require an EIS. The Assessment Finding on these projects is
such that the activity is Not a Major Federal Action that will not “significantly affect the
quality of the human environment.” Subsequently, a Finding of No Significant Impact
(FONSI) will be made.




                                                                                               3
Steps to Completing the Environmental Review Record – Exempt Projects
   o Complete questions 1-9 on the cover page of the Environmental Review
      Record and the Determination of Exemption form (see page 13). Submit
      one original to DCA (or for ED projects one original to CFC)

Steps to Completing the Environmental Review Record – Categorically Excluded
   o Complete questions 1-9 on the cover page, 12-25 on the Environmental
      Review Questionnaire, Part A and Part C, and the appropriate Categorical
      Exclusion form. Provide a project map with site(s) identified and
      appropriate photos. Submit one double-sided original to DCA (or for ED
      Projects one to CFC).

Steps to Completing the Environmental Review Record – Environmental
Assessment
   o Complete questions 1-9 on the cover page, 12-46 on the Environmental
      Review Questionnaire and, Parts A, B and C. Provide a project map with
      site(s) identified and appropriate photos. Submit one double-sided original
      EA and two double-sided duplicates to DCA (or for ED Projects submit
      directly to the Department of Administration’s State Clearinghouse).




                                                                                 4
        State of North Carolina
        Documentation Sources
       Environmental Assessment




           by: Lenwood E. Smith, II
      Environmental Protection Specialist
           Greensboro Field Office
US Department of Housing and Urban Development
       Phone: (336) 547-4000 ext. 2054
     Email: Lenwood_E._Smith@hud.gov




                                                 5
   DOCUMENTATION FOR THE STATUTORY CHECKLIST, OTHER STATUTES
                CHECKLIST AND OTHER E FACTORS TABLE
                      Consult Regulations for full information.
         Selected regulations and additional information may be found at
              http://www.hud.gov/offices/cpd/environment/index.cfm

                                           FACTORS

Historic Preservation (36 CFR Part 800):
SHPO- Provide a copy of the letter and response you received from the State Historic
Preservation Officer (SHPO). To ensure compliance with 36 CFR Part 800 you must contact:
Renee Gledhill-Earley, Environmental Review Coordinator, State Historic Preservation Office,
109 E. Jones St, Raleigh, NC 27601 (ph: 919-807-6570) to determine the presence/absence of
historic properties. For hook-up projects, SHPO only wants to review projects in which mature
trees and/or original landscaping elements, such as stone or masonry walls, would be damaged or
destroyed – otherwise state in the ERR that this will not be the case at any hook-up site.
Catawba- For projects involving ground disturbance (other than hook-ups of existing homes to
existing water/sewer lines), even in road right-of-ways, throughout the state (all 100 counties),
you must also provide a copy of the letter and response you received from the Catawba Indian
Nation Tribal Historic Preservation Officer (THPO): Caitlin Totherow, Catawba Indian Nation,
THPO Archaeology Dept., 1536 Tom Steven Road, Rock Hill, SC 29730 (ph. 803-328-2427 ext.
226) caitlinh@ccppcrafts.com. The Catawba require a hardcopy of all projects submitted for
concurrence.
Cherokee- For Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay,
Cleveland, Gaston, Graham, Haywood, Henderson, Jackson, Lincoln, Macon, Madison,
McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Watauga, Wilkes, and Yancey
counties, if a project involves disturbance of soils not classified as Urban Soil (new soil is any
ground that has not been classified as Urban Soil per the most recent Natural Resource
Conservation Service (NRCS) County Soil Survey. See http://websoilsurvey.nrcs.usda.gov/app/
or contact the local NRCS office [http://offices.sc.egov.usda.gov/locator/app]) you must also
provide a copy of the letter and response you received from the EBCI THPO: Tyler B. Howe,
Tribal Historic Preservation Specialist - Eastern Band of Cherokee Indians, Qualla Boundary
Reservation, P.O. Box 445, Cherokee, NC 28719 (ph. 828-554-6852) tylehowe@nc-
cherokee.com.
        For projects involving Urban Soil disturbance the EBCI has asked to be informed of the
        Urban Soil impacts via email.

       To ensure timely review of the project, the SHPO and THPO must receive “adequately
       documented findings in accordance with 36 CFR § 800.11. In accordance with 36 CFR §
       800.11 an “adequately documented finding” includes:

       Finding of “No Historic Properties Affected”:
          1. A description of the project (undertaking) that specifies – a.) federal involvement,
              b.) area of potential effects, including photographs, maps (to include a portion of


                                                                                                6
      an identified USGS quad sheet showing the location of the project) and drawings
      as necessary.
   2. A description of the historic property identification process, including, as
      appropriate efforts to seek information (i.e., background research, consultation,
      oral history, sample field investigation and field survey).
   3. The basis for determining that no historic properties are present or affected.

Finding of “No Adverse Effect or Adverse Effect”:
   1. A description of the project (undertaking) that specifies – a.) federal involvement,
       b.) area of potential effects, including photographs, maps (to include a portion of
       an identified USGS quad sheet showing the location of the project) and drawings
       as necessary.
   2. A description of the historic property identification process, including, as
       appropriate efforts to seek information (i.e., background research, consultation,
       oral history, sample field investigation and field survey).
   3. A description of the historic properties, including information on the
       characteristics that qualify them for the National Register.
   4. A description of the project’s (undertaking’s) effects on historic properties.
   5. Copies or summaries of any views provided by consulting parties and the public.
   6. Finding of “No Adverse Effect” - An explanation of why the criteria of adverse
       affect (see 36 CFR § 800.5([a]) were found inapplicable, including any future
       actions to avoid, minimize or mitigate adverse effects.
   7. Finding of “Adverse Effect” - If this finding is made, the consultation process will
       not end until the project is modified so as to have a finding of “No Adverse
       Effect” or a Memorandum of Agreement is developed for the purpose of
       mitigating adverse effects.

For more information see the regulations at 36 CFR Part 800, which are available at
http://www.achp.gov/work106.html.

In accordance with the July 6, 2001 Advisory Council on Historic Preservation
Memorandum “Fees in the Section 106 Review Process”, the Responsible Entity (RE)
should not pay fees to the tribe unless the RE enters into a contract with the tribe (see the
Memorandum at http://www.achp.gov/feesin106.pdf for further detail). To facilitate
consultation, the RE may agree to cover travel expenses for a site visit if that is deemed
necessary.




                                                                                            7
   1. Floodplain Management (24 CFR Part 55; Executive Order 11988): Attach a copy of
      the appropriate FIRM with the project site(s) clearly marked. To determine the effective
      FIRMs contact the Federal Emergency Management Agency (FEMA) at 1-800-358-9616,
      or visit http://www.fema.gov/fema/csb.shtm to obtain the most recent copy of The
      National Flood Insurance Program Community Status Book which provides the status of
      communities participating in the National Flood Insurance Program and a record of the
      effective FIRM date. FIRMS are available at http://www.ncfloodmaps.com/ or
      http://store.msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001
      &catalogId=10001&langId=-1. For information on site-specific determinations
      conducted by the US Army Corps of Engineers, please contact Mr. Bobby Willis at 910-
      251-4728. If any development (including auxiliary features such as stormwater treatment
      facilities, roads, driveways, storage facilities, borrow or waste areas, etc.) is occurring in
      a 100-year floodplain (Zones A or V) for non-critical actions, or 500-year floodplain
      (Zones B or X) for critical actions (actions affecting mobility-impaired individuals,
      essential service or storage centers, or hazardous material storage) the eight-step process
      outlined in 24 CFR § 55.20 must be completed in writing and a copy of the published
      and, a copy of both published (not posted) Floodplain Notices must be provided. The 8-
      step process is not required for hook-up projects. The 8-step process is not required for
      activities excluded under 24 CFR § 55.12(b) and (c). NOTE: Pursuant to 24 CR §
      55.12(c)(6) if an activity, which is not excluded under 24 CFR §§ 55.12(b) and (c),
      occurs on a property that is partially located within a 100-year floodplain and the activity
      will not occur in the 100-year floodplain, a covenant or comparable restriction must be
      placed on the property with intent to preserve the floodplain, or the 8-step decision
      making process must be completed. Training slides from HUD -
      www.hud.gov/offices/cpd/about/local/tx/presentations/environmental/AFlood2005.ppt

      In addition to the 8-step process a permit must be obtained from the appropriate Local
      Floodplain Administrator prior to constructing any development within the 100-year
      floodplain pursuant to 44 CFR § 60.3. This applies to all communities that participate in
      the National Flood Insurance Program. For more information on acquiring floodplain
      development permits in NC see http://www.ncem.org/mitigation/NFIP_home.htm.

      Flood insurance must be purchased for any structures (walled and roofed buildings or
      manufactured homes) located in the 100-year floodplain - where the county is rehabbing
      a home in the 100-year floodplain, they are required to certify that the homeowner will
      acquire and maintain flood insurance to cover the structure through the 8-year recapture
      period per DCA policy.

24 CFR § 55.12(b) and (c):
(b) The decision making process in Sec. 55.20 shall not apply to the
following categories of proposed actions: (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


                                                                                                  8
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;
    (2) Financial assistance for minor repairs or improvements on one-to
four-family properties that do not meet the thresholds for ``substantial
improvement'' under Sec. 55.2(b)(8);
    (3) HUD actions involving the disposition of individual HUD-acquired,
one- to four-family properties; and
    (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.
    (c) This part shall not apply to the following categories of proposed HUD
actions:
    (1) HUD-assisted exempt activities described in 24 CFR 58.34;
    (2) Policy level actions described at 24 CFR 50.16 that do not involve
site-based decisions;
    (3) HUD's implementation of the full disclosure and other registration
requirements of the Interstate Land Sales Disclosure Act
(15 U.S.C. 1701--1720);
    (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;
    (5) A minor amendment to a previously approved action with no additional
adverse impact on or from a floodplain;
    (6) HUD's approval of a project site, an incidental portion of which is
situated in an adjacent floodplain, but only if: (i) 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);
    (ii) Appropriate provision is made for site drainage; and
    (iii) A covenant or comparable restriction is placed on the property's
continued use to preserve the floodplain;
    (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;
    (8) HUD's approval of financial assistance for a project on any 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 or
conditional LOMR;
    (9) HUD's acceptance of a housing subdivision approval action by the
Department of Veterans Affairs or Farmers Home Administration in accordance
with section 535 of the Housing Act of 1949 (42 U.S.C. 1490o);
    (10) An action that was, on May 23, 1994, already approved by HUD


                                                                                9
(or a grant recipient subject to 24 CFR part 58) and is being implemented
(unless approval is requested for a new reviewable action), provided that
Sec. Sec. 55.21 and 55.22 apply where the covered transactions under those
sections have not yet occurred, and that any hazard minimization measures
required by HUD (or a grant recipient subject to 24 CFR part 58) under its
implementation of Executive Order 11988 before May 23, 1994 shall be
completed;
    (11) 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); and
    (12) Secondary mortgage operations of the Government National Mortgage
Association (GNMA).



  2. Wetland Protection (E.O. 11990): Will the proposed activity result in the construction
     of new structures (including auxiliary features such as stormwater treatment facilities,
     roads, driveways, storage facilities, borrow or waste areas, etc.), or grading and filling
     activities? If yes, determine the presence or absence of wetlands, including non-
     jurisdictional wetlands, in accordance with the 1987 US Army Corps of Engineers
     (USACE) Wetland Delineation Manual. You may contact the appropriate local
     Regulatory Field Offices of the USACE – Wilmington District (see
     http://www.saw.usace.army.mil/WETLANDS/where/imap2/index.html) for assistance.
     National Wetland Inventory Maps will not be accepted as stand-alone
     documentation for the presence or absence of wetlands. If any development
     (including auxiliary features such as stormwater treatment facilities, roads, driveways,
     storage facilities, borrow or waste areas, etc.) is occurring in a wetland (jurisdictional or
     non-jurisdictional), the eight-step process outlined in 24 CFR § 55.20 must be completed
     in writing and a copy of both published (not posted) Wetland Impact Notices must be
     provided. In accordance with Section 5 of E.O. 11990 during completion of steps 3 to 6
     the project’s effect on the survival and quality of the wetlands must be considered with
     emphasis on the following factors; public health, safety and welfare (including water
     supply, quality, recharge and discharge); pollution; flood and storm hazards; sediment
     and erosion; natural system maintenance (including conservation and long term
     productivity of commercial and non-commercial species and their habitat); and uses of
     public interest (including recreational, scientific and cultural uses).

     Pursuant to 24 CR § 55.12(c)(6) if an activity, which is not excluded under 24 CFR §§
     55.12(b) and (c), occurs on a property a portion of which contains wetlands and the
     activity will not occur in the wetlands, a covenant or comparable restriction must be
     placed on the property with intent to preserve the wetlands, or the 8-step decision making
     process must be completed.

     Authorization from the USACE and North Carolina Division of Water Quality
     (NCDWQ) may be required prior to beginning construction for activities that cause the
     loss of any wetlands. See Item 1:Other Federal Authorities for further instructions.


                                                                                                10
   http://www.hud.gov/offices/cpd/environment/library/subjects/floodwetlands/notices/flood
   wet.cfm - Sample Notices for Activities in 100-year Floodplain and
   Wetland


3. Coastal Zone Management Act (Sections 307 [c] and [d] and 15 CFR Part 930): To
   ensure compliance with the Coastal Zone Management Act (CZMA), see the attached
   sheet “Coastal Zone Management Information” to determine if the project is located
   within one of the 20 coastal counties. If the project is located in one of the 20 coastal
   counties (Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven,
   Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico,
   Pasquotank, Pender, Perquimans, Tyrrell, Washington) and it involves new
   construction, conversion of land use, major rehabilitation of existing structures
   (including substantial improvement), or the acquisition of undeveloped land a
   Consistency Determination must be submitted to the NC Division of Coastal
   Management (NCDCM) prior to releasing funds. The consistency determination is
   based on a review of the State’s coastal management program to substantiate that the
   proposed project conforms to the enforceable policies of the State’s coastal program. The
   enforceable policies of the State’s coastal program consists of, but are not limited to, the
   Coastal Area Management Act (CAMA), Chapter 7 of Title 15A of North Carolina’s
   Administrative Code, the State’s Dredge and Fill Law, and the local land use plan. Some
   of these documents are available for review at:
   http://coastalmanagement.noaa.gov/pcd/federal_consistency.html. If you have you have
   questions regarding preparation of a consistency submission please contact: Stephen
   Rynas, Federal Consistency Coordinator, NC Division of Coastal Management, 400
   Commerce Avenue, Morehead City, NC 28557-3421 (ph: 252-808-2808).
   http://dcm2.enr.state.nc.us/cama_counties.htm

   To ensure a timely review of the proposed project, 20 copies of a Consistency
   Determination Letter (with attachments) must be submitted by the responsible entity (as
   defined at 24 CFR § 58.2[7]) to NCDCM. Pursuant to 15 CFR 930.39 the Consistency
   Determination Letter must contain the following items: 1.) a brief statement indicating
   whether the proposed activity is consistent with the state coastal zone management
   program (i.e., Pursuant to 15 CFR Part 930, the proposed project is consistent with the
   requirements objectives, policies, and standards of the Coastal Area Management Act),
   2.) a description of the evaluation used to determine consistency (i.e., This determination
   was made based on a review of the proposed project relative to the requirements of the
   Land Use Plan for [name of county where activity is occurring] on [date of review],
   Chapter 7 of Title 15A of North Carolina’s Administrative Code, and the State’s Dredge
   and Fill Law); 3.) a detailed description of the proposed project and its associated
   facilities, and 4.) comprehensive data and information sufficient to support the
   consistency statement. Items 3 and 4 are to be addressed by attaching the following
   supplemental documents: a.) a copy of a map showing the exact location of the project,
   b.) a portion of an identified USGS quad sheet showing the location of the project, c.) a
   site plan (may be on 8 ½” X 11” paper). d.) information on Areas of Environmental

                                                                                            11
        Concern (AECs) that may be affected by the project (see the attached sheet “Coastal
        Zone Management Information” for a description of AECs), e.) preliminary stormwater
        management plans, and f.) preliminary waste water management plans. The request for
        concurrence with a Consistency Determination must be provided to the NCDCM no later
        than 90 days before final approval of the release of federal funding pursuant to 16 U.S.C.
        1456c(1)(c). NOTE: Due to the use of federal funds, a Consistency Determination will
        be required for projects with potential coastal effects, as defined at 15 CFR § 930.11[g],
        regardless of the absence of impacts to an Area of Environmental Concern or a finding by
        Regional Staff that a CAMA permit is not required.

North Carolina’s coastal zone includes the 20 counties that in whole or in part are adjacent to, adjoining,
intersected by or bounded by the Atlantic Ocean or any coastal sound(s). Within this boundary, there are
two tiers. The first tier is comprised of Areas of Environmental Concern (AEC) and is subject to more
thorough regulatory controls. AECs include: coastal wetlands, estuarine waters, public trust areas,
estuarine shorelines, ocean beaches, frontal dunes, ocean erosion areas, inlet lands, small surface water
supply watersheds, public water supply wellfields, and fragile natural resource areas. The second tier
includes land uses which have potential to affect coastal waters even though they are not located in AECs.
http://coastalmanagement.noaa.gov/mystate/docs/StateCZBoundaries.pdf

    4. Sole Source Aquifers (40 CFR 149): No sole source aquifers are located in North
       Carolina. See http://www.epa.gov/safewater/swp/ssa/reg4.html for further information.

    5. Endangered Species Act (50 CFR 402): For proposed projects that will result in ground
       disturbance; vegetation removal; filling of ponds, streams, or other waters; or generation
       of atypical noise levels, a biological evaluation must be completed. To complete a
       biological evaluation you must first consult http://nc-es.fws.gov/es/countyfr.html to
       determine what, if any, federally listed threatened or endangered species (listed species)
       are present in your county. If no listed species are known to occur in the county
       where the proposed project is occurring, then a finding of “no effect” may be made
       and no further action is required regarding compliance with the Endangered
       Species Act; however, if any listed species are present in the county where the
       proposed project is occurring then a biological evaluation must be completed to
       support findings regarding potential impacts to the listed species. Detailed
       directions for completing a biological evaluation are found in Contents of a
       Biological Assessment/Biological Evaluation, which may be downloaded at http://nc-
       es.fws.gov/es/consultation.html. If based upon the result of the biological evaluation a
       determination of “no effect” (no listed species habitat is present on or adjacent to the
       project site, the project site is not located within a listed species management zone, or the
       proposed project does not have the potential to affect water bodies or wetlands that may
       contain listed species [e.g., a determination of “no effect” may not be made for a
       construction project next to a stream located within the watershed of a listed aquatic
       species, such as mussels or fish, because runoff from the project during and after
       construction may affect the listed aquatic species by changing the water quality]) may be
       made then no further action is required. However, if based on the results of the biological
       evaluation listed species may be affected by the proposed project a US Fish and Wildlife


                                                                                                        12
   Service (USFWS) representative must be contacted with a request for concurrence with a
   determination of “not likely to adversely affect” or entrance into formal consultation with
   a determination of “likely to adversely affect”. The USFWS representatives to be
   contacted are as follows: east of the Guilford/Forsyth, Rockingham/Stokes,
   Randolph/Davidson, Montgomery/Stanly, and Richmond/Anson County Lines contact:
   USFWS – Raleigh Field Office, ATTN: Dale Suiter, P.O. Box 33726, Raleigh, NC
   27636(ph: 919-856-4520); west of the aforementioned County Lines contact: USFWS –
   Asheville Field Office, ATTN: Allen Ratzlaff, 160 Zillicoa Street, Asheville, NC
   28801(ph: 828-258-3939). To insure submittal of the proper information for requesting
   concurrence with a determination “not likely to adversely affect” or entrance into formal
   consultation refer to the document Contents of a Biological Assessment/Biological
   Evaluation which may be found http://nc-es.fws.gov/es/consultation.html.

6. Wild and Scenic Rivers Act (Sections 7[b] and [c]): To insure compliance with the
   Wild and Scenic Rivers Act, see the attached sheet “Wild and Scenic Rivers in or near
   North Carolina” to determine if the project is located in a county that contains a Wild and
   Scenic River (Listed River) or in a River Basin that contains a Listed River. Indicate
   whether you are or are not going to affect a Listed River or its tributaries. If a Listed
   River may be affected, consult with the National Park Service or USFWS to resolve or
   mitigate possible adverse effects and attach documentation.

7. Air Quality (Sections 176[c] and [d]): In North Carolina, the Environmental Protection
   Agency has designated the NC Division of Air Quality (NCDAQ) as the lead agency for
   enforcing federal laws and regulations dealing with outdoor air pollution. NCDAQ
   regulates emissions that may negatively affect air quality through an Air Quality
   permitting program. The two major sources that require an Air Quality permit from the
   NCDAQ prior to beginning construction (including construction of associated buildings)
   are transportation facilities and stationary sources.

   Projects with transportation facilities that require Air Quality permits include projects
   that result in the construction or modification of a roadway with an expected traffic
   volume of 2,000 vehicles per hour or more; or projects that result in the provision of at
   least 1,500 parking spaces in a lot or combined lots, at least 750 parking spaces in a deck
   or garage, or at least 1,000 parking spaces in a combination of lots, decks, and garages.
   Expansion of lots, garages, decks, or combined facilities that required acquisition of Air
   Quality Permits under current guidelines also require a permit from the NCDAQ prior to
   expanding the facility if the expansion is at least 500 spaces for lots, 250 spaces for
   garages or decks, or 500 spaces for combined facilities (15A NCAC 2D .0800).
   Projects with stationary sources that may receive HUD funding and require Air Quality
   Permits include those that use emergency generators. Air Quality permits are required
   for natural gas-fired generators with capacities over 310 kilowatts (electric) or 460
   horsepower, liquefied petroleum generators with capacities over 830 kilowatts (electric)
   or 1,150 horsepower, diesel- or kerosene-fired generators with capacities over 270
   kilowatts (electric) or 410 horsepower, and gasoline-fired generators with capacities over
   21 kilowatts (electric) or 31 horsepower (15A NCAC 2Q .0102[c][2][B][iv]).

                                                                                            13
   For more information on Air Quality permitting procedure please contact the appropriate
   North Carolina Division of Air Quality regional office (see
   http://daq.state.nc.us/about/regional/).

   To assess the effect that emissions from monitored emission sources may have on the
   project please consult http://www.epa.gov/air/data/index.html.

   For asbestos and lead removal, you must use a certified removal specialist. For more
   information about indoor air quality, please contact the N.C. Division of Public Health
   (ph: 919 733-3410).


8. Farmland Protection Policy Act (7 CFR 658): For proposed projects that will result in
   construction of utilities, roads or structures on land not entirely built upon, consideration
   of effects to important farmland may be required. If the proposed project involves
   construction on land not entirely built upon, effects to important farmland must not be
   considered if documentation is provided indicating that the project site is located within:
   a.) an “urbanized area” on the US Census Bureau Map (see
   http://factfinder.census.gov/servlet/ReferenceMapFramesetServlet?_lang=en); b.) an
   urban area on the USGS topographical map (as indicated by a “tint overprint”); c.) an
   “urban built-up” area on the USDA Important Farmland Maps, or an area shown as white
   (not farmland) on USDA Important Farmland Maps (7 CFR § 658.2[a]); or d.) an area for
   which the decision to change the proposed project site land use to a non-agricultural use
   has already been made as a result of local zoning (Chief Pearlie Reed, NRCS This Week,
   July 17, 1998). However, if the proposed project involves construction on vacant
   land and it is not located in one of the aforementioned areas you must contact the
   local Natural Resource Conservation Service (NRCS) for assistance in determining
   if the project will remove prime, unique, statewide or local important farmland
   from production. See http://offices.sc.egov.usda.gov/locator/app to locate the local
   NRCS office. At a minimum, a Farmland Conversion Impact Rating analysis (Form AD-
   1006 which may be obtained from
   http://policy.nrcs.usda.gov/scripts/lpsiis.dll/M/M_440_523.htm) will be required for
   project sites that contain prime, unique, statewide or local important farmland. If based
   upon the results of the Farmland Conversion Impact Rating analysis the proposed project
   site receives a score of less than 160, potential effects to important farmland will not
   require further consideration ((7 CFR § 685.4[c][2])); however, if the site receives a score
   of 160 or greater, analysis will have to be completed to determine the availability of
   alternatives for reducing potential adverse effects to important farmland.

   Pursuant to 7 CFR § 658.3(c) the FPPA does not apply to activities, such as rehabilitation
   of existing structures, that could not result in a change of use that could convert important
   farmland to a non-agricultural use.



                                                                                             14
9. Environmental Justice (Executive Order 12898): Determine if you have any
   environmental conditions (i.e., toxic pollutants, hazardous industrial operations, landfills
   or dumps, foul odor producing operations, explosive or flammable operations, or high
   automobile or train traffic hazards) that may have disproportional effects on low income
   or minority populations. If you do not have environmental conditions that may have
   disproportional effects on low income or minority populations, you do not have an
   impact. If you have environmental conditions that may have disproportional effects
   on low income or minority populations, go to
   http://www.epa.gov/compliance/environmentaljustice/assessment.html to perform
   an environmental justice query for the area of concern. If the query indicates a
   potential environmental justice impact, reject the site or provide evidence to indicate
   mitigation of the hazard(s). See
   http://www.epa.gov/compliance/environmentaljustice/index.html for more information.


                       HUD ENVIRONMENTAL STANDARDS

1. Noise Abatement and Control (24 CFR Part 51 Subpart B): This refers to sources of
   noise that may affect the project. Determine if there are any major (Highways such as
   Interstates, US Highways, NC Routes, State Routes designated 100x and 4 lane curb-and-
   gutter roads that typically have Average Annual Daily Traffic volumes > 10,000) within
   1,000 feet, railroads within 3,000 feet, or civilian or military airports that service jets
   within 15 miles of the project site. If any of the aforementioned conditions exist, a noise
   study must be conducted in accordance with “The Noise Guidebook” available at
   http://www.hud.gov/offices/cpd/energyenviron/environment/resources/guidebooks/noise/
   .

   Information on existing highways and proposed major highways projects (otherwise
   referred to as T.I.P. projects) may be acquired by contacting the appropriate NC
   Department of Transportation (NCDOT)- Division Office and visiting
   http://www.ncdot.org/planning/development/TIP/TIP/Trans/. See
   http://www.doh.dot.state.nc.us/operations/ to obtain information on Division boundaries
   and contacts. To insure a timely review please provide the State Route (SR) Number (see
   http://apps.dot.state.nc.us/srlookup/ to obtain SR Numbers). If the project may be
   impacted by noise from a proposed major highway please contact: Mr. Mike Bruff, P.E.,
   NC Dept. of Transportation, Statewide Planning Branch, 1554 Mail Service Center,
   Raleigh, NC 27699 to request projected traffic volumes.

   If traffic mixes are not available from the NCDOT the following percentages are used:
        ■ Interstate Urban: Automobiles - 89%; Medium Trucks - 2%; Heavy Trucks - 9 %
        ■ Interstate Rural: Automobiles - 80%; Medium Trucks - 3%; Heavy Trucks - 17 %
        ■ Major Arterial Urban: Automobiles - 89%; Medium Trucks - 2%; Heavy Trucks
            -9%
        ■ Major Arterial Rural: Automobiles - 87%; Medium Trucks - 4%; Heavy Trucks -
            9%

                                                                                             15
To obtain information on operations occurring on NC railways contacts are as follows:
   ■ Norfolk-Southern Railways - Mrs. Porschia Cross, ph: 864-255-4230, fax: 864-
       255-4279).
   ■ CSX Railways – ph. 1-877-8355-279; email:
       http://www.csx.com/?fuseaction=general.tellcsx-contactform&ci=1&issue=11
   ■ All Railways, as available – Mr. Chika Madu, NCDOT, ph: 919-715-8745 or
       Mr. Kenneth Turrentine, NCDOT, ph: 919-715-7286.
   ■ Certain railway owners may also be willing to provide information. Railway
       owners may be identified via
       http://www.bytrain.org/quicklinks/reports/RDMap.pdf

To ensure a timely review please provide the relevant Crossing Identification (ID)
Number or Numbers and maps showing the location of the crossing and the name of the
street being crossed. The Crossing ID Number may be found by visiting the railroad
crossing and obtaining the number from the Crossing ID plate at the crossing, or visiting
http://gis.fra.dot.gov/Map.asp?command=find&state=NC. See the attached sheet
“Railroad Crossing ID Plate Sample” for a photographic example of a Crossing ID plate.

To determine the possible effect of airport noise, it is recommended that you contact the
airport of concern and request a map showing the current DNL or NEF (Noise Exposure
Forecast) contours. Commercial airports with sufficient enplanements to generate noise
concerns are listed in the Primary and Non-Primary Commercial Service, and General
Aviation Airport (NOTE: General Aviation airports are not typically considered in noise
assessments because they do not routinely service jets; however, because they serve as
reliever airports the operators should be contacted about their operations and noise plans
for projects within their vicinity) lists found at
http://www.faa.gov/airports_airtraffic/airports/planning_capacity/passenger_allcargo_stat
s/passenger. Contact information for individual commercial airports may found at
http://www.ncdot.org/transit/aviation/ncairports/locations/. For military installations
these contours should be published as part of the Air Installation Compatible Use Zone
report.

If the proposed project is new construction and the noise assessment indicates that noise
sensitive uses, both interior and exterior, will be located in areas with Normally
Unacceptable noise levels (> 65-75 DNL) modify the project to resolve or mitigate the
Normally Unacceptable noise levels, or reject the project site. If the noise assessment
that noise sensitive uses, both interior and exterior, will be placed in areas with
Unacceptable noise levels (> 75 DNL) complete an Environmental Impact Statement
(EIS), unless the EIS requirement is waived pursuant to 24 CFR § 51.104(b)(2), or reject
the project site.

For rehabilitation activities involving noise sensitive facilities exposed to Normally
Unacceptable or Unacceptable, HUD encourages incorporation of noise attenuation
measures given the extent and nature of the rehabilitation being undertaken and the level
of exterior noise exposure.

                                                                                       16
       NOTE: For clearance and relocation on the same site – if you’re demolishing a
       dilapidated home that’s near a major noise source and building a new home on the same
       site a noise assessment must be completed and attenuation provided, if necessary.

NOISE & INFRASTRUCTURE PROJECTS: If the infrastructure is supporting existing
development (e.g., a sewer line is being installed to support an existing community with failing
septic systems), noise does not have to be addressed under 24 CFR Part 51 Subpart B as
infrastructure is not a noise sensitive development. This does not preclude consideration of noise
as an environmental issue in an EA (i.e., the noise from the construction of the infrastructure
would still be considered).


   2. Toxic/Hazardous/Radioactive Material, Contamination, Chemicals or Gases
      (24 CFR § 58.5[i][2]): See
      http://www.epa.gov/enviro/html/multisystem_query_java.html to determine if there are
      any federally recorded contaminated sites on or near the project. The NC Division of
      Waste Management (NCDWM) website
      http://wastenot.enr.state.nc.us/DATARPTS2003_3ColA.HTM also contains databases
      providing information on state recorded contaminated sites. To insure compliance with
      State guidelines, a visit to the appropriate NC Department of Environment and Natural
      Resources (NCDENR) regional field office (see
      http://www.enr.state.nc.us/html/regionaloffices.html) to review additional local records is
      also recommended. During the office visit, provision of the local street address will
      facilitate a more rapid record review. If contaminations are noted, contact the NCDWM
      or other appropriate agency within the NCDENR to determine if the contamination may
      affect the project.

       Pursuant to 24 CFR § 58.5(i)(2)(i) Land Title Deeds or records available at the Local
       NCDENR regional field office must be checked to determine if any land use restrictions
       have been imposed on the property via a “Notice of Contaminated Site,” “Notice of
       Residual Petroleum,” or “Notice Of Oil or Hazardous Substance Discharge Site,” or other
       unlisted Notice that has been issued by the NCDENR.

       Pursuant to 24 CFR § 58.5(i)(2)(ii) the historic uses of the property and adjacent
       properties must be determined for projects involving multifamily housing with five or
       more dwelling units (including leasing), or non-residential properties. Procurement of a
       Phase I Environmental Assessments in accordance with ASTM Standard E-1527-05 may
       be used to satisfy the historic use review requirement.

       Pursuant to 24 CFR § 58.5(i)(2)(iv) when a site or project specific investigation is
       determined necessary, the investigation shall be conducted by a qualified professional (or
       professionals) using current techniques. Investigations are typically determined
       necessary if a site is on the EPA Superfund National Priorities List, on the EPA CERCLA
       List, on equivalent state lists, located within 3000 feet of a toxic or solid waste landfill

                                                                                                17
       site, has a non-residential UST, or is affected by other similar issues. If an investigation
       is determined necessary a Phase I Environmental Assessments in accordance with ASTM
       Standard E-1527-05 or an equivalent method must be used to assess for contamination.

       If potential toxics or hazards are identified, or Recognized Environmental Concerns
       (RECs) are recorded in a Phase I, further assessment including completion of additional
       records reviews and sampling may be required to determine if toxics or hazards are
       actually present on the property. If toxics and hazards are present at harmful levels, then
       the property may be rejected, the contaminants removed (remediated), or,
       institutional/engineering controls, when allowed by the program, implemented to prevent
       site users from coming into contact with the contaminants.

NOTE FOR PROJECTS W/IN 3000FT OF A LANDFILL+++++++++++++++++++++++++

From: Smith, Lenwood E [mailto:Lenwood.E.Smith@hud.gov]
Sent: Wednesday, June 11, 2008 2:54 PM
To: Tara L. Fikes
Subject: RE: environmental review record

       Because this is a rehabilitation project, the only item for which could see any concern is
       groundwater contamination. In which case, if the house is on well water and the property is down
       gradient of the landfill there could be a concern for water contamination. However, if the house is
       on public water than no further documentation should be needed to say that the landfill does not
       pose a threat as a hazard. Also please note that in the paragraph cited: "investigation are
       typically determine necessary if..: In other words, the presence of a landfill within 3,000 feet of a
       project may be cause for completing more detailed investigation of a site (particularly if new
       construction is being completed); however, it does not necessitate completion of a more detailed
       investigation (for example, as stated above if you confirm that the sub-recipient is on public water
       than no further investigation should be necessary, however if the sub-recipient is on well water
       than DENR should be able to indicate significance by either noting the type of landfill
       present [compliant C&D debris landfill] or the landfill monitoring data.)
       ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

   3. Siting of HUD-Assisted Projects Near Hazardous Operations
      (24 CFR Part 51 Subpart C): Is this a construction project, a
      rehabilitation/modernization project that will increase the number of people using the
      structure, or a rehabilitation/modernization project that will make a vacant building
      habitable? If the answer is yes, then a study has to be conducted to determine if the
      project may be affected by the failure of 100+ gallon above ground storage tanks (ASTs)
      storing explosive or flammable solids, liquids, or gases. In accordance with “Siting of
      HUD-Assisted Projects Near Hazardous Facilities” the presence/absence of ASTs and
      other explosive facilities must be determined by conducting a site visit (See the attached
      sheet “Visible AST Examples”); reviewing current maps and photographs (See the
      attached sheet “Recorded AST Examples”); and contacting the local Fire Marshall, Fire
      Department, Police Department, or emergency management agency regarding the
      presence of known ASTs or explosive storage facilities. The record of this review may
      be documented on the attached sheet “Thermal and Explosive Hazards.” If ASTs or
      explosive storage facilities of concern are within one-mile of the property, an analysis

                                                                                                         18
   must be conducted, in accordance with “Siting of HUD-Assisted Projects Near
   Hazardous Facilities”, to determine if the project is at or beyond the Acceptable
   Separation Distance (ASD) from the AST(s). The guidebook “Siting of HUD-Assisted
   Projects Near Hazardous Facilities” is available at
   http://www.hud.gov/offices/cpd/energyenviron/environment/resources/guidebooks/hazfac
   ilities/index.cfm. If the project is within the ASD of any ASTs and mitigation is not
   available, you must reject the project. NOTE: To determine ASDs for ASTs above
   1,000,000 gallons you must contact the local HUD office for additional guidance.

4. Airport Clear Zones and Accident Potential Zones (24 CFR Part 51 Subpart D): Is
   the project located within 3,000 feet of a civil airport, or within 2.5 miles of a military
   airfield? (Civil airports should only be considered if they are on the NPIAS -
   http://www.hud.gov/offices/cpd/environment/review/qa/apz_fact_sheet.pdf.) If the
   answer is yes to either question, contact the airport to determine if the project is located
   within the Runway Clearzone or Protection Zone (civil and military airports) or Accident
   Potential Zone (military airports). Contact information for individual commercial
   airports may found at http://www.ncdot.org/transit/aviation/ncairports/locations/. HUD
   will not fund new construction activities in Runway Clearzones or Protection Zones,
   or Accident Potential Zones. Other activities may receive funding provided the
   proposed project satisfies conditions outlined in 24 CFR § 51.303.


                         OTHER FEDERAL AUTHORITIES

1. Clean Water Act (33 U.S.C. ss/1251 et seq.): Pursuant to Section 404 of the Clean
   Water Act (CWA) prior authorization from the USACE may be required for activities
   that cause the loss of any jurisdictional wetlands, streams (including modified streams
   and wet weather channels), or open waters. Authorization requirements are contingent
   upon the activity and the authorizing permit. In addition to acquiring authorization from
   the USACE, authorization may also be required from the NCDWQ in accordance with
   Section 401 of the CWA. Contact the appropriate NCDWQ regional field office (see
   http://www.enr.state.nc.us/html/regionaloffices.html) for guidance. For projects
   requiring USACE or NCDWQ authorization, authorization must be obtained prior to
   beginning construction of the project.

   Pursuant to Section 402 of the CWA, all construction activities that disturb one or more
   acres of land must be covered under a General Permit to discharge stormwater.
   Application for Sediment/Erosion Control Plan approval by the NC Division of Land
   Resources – Land Quality Section will constitute Notice of Intent to be covered by the
   General Permit (NCG 010000). Construction of wastewater treatment facilities or other
   point source dischargers will require approval from the NCDWQ. Contact the
   appropriate NCDWQ regional field office (see
   http://www.enr.state.nc.us/html/regionaloffices.html) for guidance.



                                                                                            19
2. The Resource Conservation and Recovery Act (40 CFR 240-271): Is the project
   creating hazardous waste? If yes, contact the appropriate North Carolina Division of
   Waste Management regional field office
   (http://www.enr.state.nc.us/html/regionaloffices.html) to determine proper tracking and
   disposal methods. Pursuant to 40 CFR § 261.4(b)(1) household waste is not considered
   as regulated hazardous waste under the Resource Conservation Recovery Act.

3. Fish and Wildlife Coordination Act (16 USC 661 et seq.): Is the activity going to
   result in the impounding, diverting, deepening, channelizing or modification of a stream
   or other body of water? If yes, consultation with the US Fish and Wildlife Service and
   NC Wildlife Resource Commission is required to determine what affect the proposed
   project may have on wildlife resources.




          STATE AND LOCAL STATUTES (This is not an exhaustive list)

1. Sedimentation (Sediment and Pollution Control Act of 1973): For disturbances
   greater than one acre a Sediment/Erosion Control Plan must be filed with the NC
   Division of Land Resources – Land Quality Section (DLR-LQS) at least 30 days prior to
   beginning the land disturbance activity. Local governments with delegated authority may
   require submittal of an erosion control plan for activities disturbing less than one acre.
   See http://www.dlr.enr.state.nc.us/pages/sedimentlocalprograms.html for a current list of
   local governments with delegated authority. See
   http://www.enr.state.nc.us/html/regionaloffices.html for information on how to contact
   the appropriate regional office of the DLR-LQS for activities not occurring within the
   jurisdiction of local delegated authorities.

2. Riparian Buffers (15A NCAC 02B .0233, .0242, .0259, and .0260): Riparian buffer
   protections applies to activities occurring within the Neuse River Basin (.0233), Tar-
   Pamlico River Basin (.0259), Randleman Lake Water Supply Watershed (.0250), and
   along the Catawba River mainstem from and including Lake James to the North and
   South Carolina Border (.0243). Due to variability in the rules, if your community is
   subject to any of these rules it is recommended that you contact the appropriate NCDWQ
   regional field office (see http://www.enr.state.nc.us/html/regionaloffices.html) for
   guidance.

3. Stormwater (15A NCAC 2H .1000): A stormwater permit, that requires installation of
   stormwater management and control systems for high density projects (as defined
   throughout 15A NCAC 2H .1000) is required for any development activity requiring a
   CAMA major development permit or a Sedimentation/Erosion Control Plan, if the
   development activity occurs in one of the 20 coastal counties, drains to Outstanding
   Resource Waters (ORW), or is located within one mile of and draining to High Quality

                                                                                          20
   Waters (HQW). To determine if the project is located in one of the 20 coastal counties
   see the attached sheet “Coastal Zone Management Information”. To determine if the
   activity affects an ORW or HQW it is recommended that you contact the appropriate
   NCDWQ regional field office for guidance.

4. Surface Water (15A NCAC 2B .0200): Consult with the appropriate North Carolina
   Division of Water Quality (NCDWQ) regional office
   (http://www.enr.state.nc.us/html/regionaloffices.html) to determine if engineered storm
   water controls or riparian buffers are required in accordance with 15A NCAC 02B .0200.

5. Ground Water (15A NCAC 2L .1000): These rules apply to activities that contribute to
   the degradation of groundwater via contamination. These rules will apply to proposed
   activities occurring on sites with contaminated groundwater, or sites generating or storing
   hazardous material that may contaminant the groundwater.



6. Floodway Regulations (NCGS 143-215.51-61): The following requirements are in
   addition to the NFIP requirements: 1.) New solid waste disposal facilities, hazardous
   waste management facilities, salvage yards, and chemical storage facilities are prohibited
   in the 100-year floodplain unless a variance is issued by the city or county in accordance
   with N.C.G.S. 143-215.54(b); 2.) If located in the 100-year floodplain, structures or tanks
   used for chemical or fuel storage or associated with the operation of a water treatment
   plant or wastewater treatment facility must be elevated above the base flood elevation or
   designed to be watertight.

      OTHER FACTORS (Listed on the Environmental Assessment Checklist)

1. Flood Insurance (24 CFR 58.6[a]): Attach a copy of the appropriate FIRM to indicate
   if the activity is or is not located in a FEMA-identified Special Flood Hazard Area (Zones
   A or V). See Floodplain Management (Item 2:Factors) for information on acquiring
   FIRMs. For structures (walled and roofed buildings or manufactured homes) located in
   a FEMA-identified Special Flood Hazard Area National Floodplain Insurance Program
   flood insurance must be purchased.

2. Coastal Barrier Resources Act (24 CFR 58.6[c]): To insure compliance with the
   Coastal Barrier Resource Act (CBRA) see
   http://www.fema.gov/business/nfip/cbrs/cbrs.shtm to determine if the project is occurring
   in a Coastal Barrier Resource System (CBRS) community. If the project is occurring in a
   CBRS community, attach a copy of the appropriate Flood Insurance Rate Map (FIRM) to
   indicate if the activity is or is not located within the CBRS. See Floodplain Management
   (Item 2:Factors) for information on acquiring FIRMs. In accordance with the CBRA,
   federal expenditures and financial assistance, including Federal flood insurance are
   restricted in the Coastal Barriers System areas.


                                                                                            21
          http://www.hud.gov/offices/cpd/environment/review/qa/hud_guidance_cbra_com
           pliance.pdf
          http://www.fws.gov/habitatconservation/State_Locator_Maps/Small_NC.pdf

3. Airport Runway Clearzone or Clear Zone Disclosure (24 CFR 58.6[d]): Is the
   project located within the Runway Clearzone or Protection Zone (See Item 4:HUD
   Environmental Standards for identification)? Does the project satisfy the conditions
   outlined in 24 CFR § 51.303 for HUD assistance? If the answer is yes, then the property
   owner shall be advised that the property is in a Runway Clearzone or Protection Zone and
   what the implications of such a location are.




                                                                                        22
   DOCUMENTATION FOR THE ENVIRONMENTAL ASSESSMENT CHECKLIST
      Not Required for Projects Categorically Excluded under 24 CFR 58.35(a)

The items listed on the Environmental Assessment Checklist must be reviewed to facilitate
consideration of the overall effects of the project on the environment and the effects of the
environment on the project users. The presence/absence and effects to/from these items is
identified via site observations and consultation with local agencies to determine if local services
are available and, if available, how the local services will be affected by the project. Please note,
that effects may be beneficial or adverse.

B. Site Observations

Visit the site to assess or determine the presence/absence of the following factors:
   ■ Unique and natural features.
   ■ Site suitability, access, and compatibility with the surrounding environment.
   ■ Soil stability, erosion, and drainage.
   ■ Nuisances and hazards (manmade or built).
   ■ Commercial/retail and transportation.

Checklists found under the heading “Checklists for Recording Site/Feature Conditions” or
HUD’s Sample Field Notes Checklist may be used to document site conditions.

C. Agency Contact

Contact the appropriate local agencies to assess the impact that the project will have on the
following factors:
    ■ To supplement the determination of unique and natural features, contact the North
       Carolina Natural Heritage Program, NC Division of Parks and Recreation, 1615 MSC,
       Raleigh, NC 27699-1615, (ph: 919-715-8697) to determine if any designated Natural
       Areas or Rare Species Habitats will be affected by the project.
    ■ To supplement the determination of site suitability, access, and compatibility with the
       surrounding environment, it is recommended that you contact the Local Planning Board.
    ■ To supplement the determination of soil stability, erosion, and drainage it is
       recommended that you refer to the Natural Resource Conservation Service (NRCS)
       County Soil Survey to determine if engineering restraints are indicated. The Soil Survey
       may be obtained by contacting the local NRCS office. See
       http://offices.sc.egov.usda.gov/locator/app to locate the local NRCS office. Provide
       comments from the site engineer or local development department if engineering
       restraints are indicated based on the Soil Survey. Where applicable review of a geologic
       map produced by the NC Geological Survey (see http://www.geology.enr.state.nc.us/)
       may be required.
    ■ To assess water supply/sanitary sewers contact the local Public Works Department.
    ■ To assess solid waste disposal contact the local Public Works Department.



                                                                                                  23
   ■ To assess school services contact the Local School Board. Individual City or County
     School system websites containing system contact information may found at
     http://www.ncreportcards.org/src/.
   ■ To assess parks, recreation, and social services contact the Local Planning Department,
     Parks and Recreation Department, and Social Services Department.
   ■ To assess emergency health care, fire, and police services contact the Local Fire
     Department, Police Department, and Emergency Management Organization.
   ■ To assess transportation contact the North Carolina Department of Transportation or the
     City Transportation Department. In accordance with the NCDOT July 2003 “Policy on
     Street and Driveway Access to NC Highways Manual” the following types of
     development typically require Traffic Impact Studies: 55, 000 ft2 of retail space; 300
     single-family (1-unit) homes; 250, 000 ft2 of office space; 400,000 ft2 of industrial space;
     and 350 room hotels.

Information on local governments and departments may be found on the following
websites:

   ■ http://ncinfo.iog.unc.edu/library/counties.html - Links to North Carolina County
     websites.
   ■ http://ncinfo.iog.unc.edu/library/cities.html - Links to North Carolina City websites.
   ■ http://www.govengine.com/localgov/northcarolina.html - Links to North Carolina State
     Governmental Departments, and North Carolina County and City websites.
   ■ http://www.nclm.org/ - North Carolina League of Municipalities.
   ■ http://www.ncgov.com/asp/subpages/intention.asp?P=4&I=74 - State of North Carolina
     website that provides access to county and city information.

Certification forms found under the heading “Certification Forms for Recording Local Resource
and Social Agency Comments/Analyses”, service impact letters, or properly recorded phone logs
may be used to document agency comments and analyses. If phone logs are used to document
agency comments and analyses, provide the following information: Name of Agency; Name,
Title and Phone Number of Agency Official Contacted; Date and Time of Contact; and a
Summary of the Discussion.

D. Energy

To assess energy provide a narrative to discuss methods for minimizing or reducing energy
consumption. For rehabilitation and renovation activities information should be provide
regarding the installation of energy saving features such as EnergyStar qualified windows or
insulation appropriate for the regions climate. Additional information on techniques for
increasing energy efficiency during rehabilitation and renovation activities may be obtained by
visiting www.rehabadvisor.net or www.hud.gov/energy.




                                                                                                  24
For new construction information should be provided regarding the project site location relative
to utilities and services (e.g., to promote walking to services an access trail is being constructed
between the apartment complex and adjacent grocery-store anchored shopping center.); site
planning techniques for addressing wind and sun direction, and provision of structure shelter
(e.g., the existing forest area located on the west side of the property will not be disturbed so that
it may serve as windbreak during the winter months); building design/construction techniques
(e.g., the building will be constructed using panelized structural insulated panels, and all
appliances, utilities and systems will meet the EnergyStar standards); if applicable, use of energy
re-capture technology (e.g., combined heat and power); and, if applicable, use or renewable
energy sources (e.g., solar energy). Additional information on techniques for minimizing energy
consumption due to new construction may be obtained by visiting www.hud.gov/energy,
www.energysavers.gov, www.energystar.gov, www.pathnet.org. Information on use of
Combined Heat and Power technology may be obtained by visiting www.epa.gov/chp and
uschpa.admgt.com.

E. Consideration of Effects

Record both the potential beneficial and adverse effects to or from the environment as a result of
the project. If potential adverse effects to or from the environment are identified provide
information regarding actions that may be taken to mitigate the adverse effects.




                                                                                                   25
                    Coastal Zone Management Information
                               COASTAL COUNTIES
                     Beaufort    Bertie   Brunswick                                  Camden
                     Carteret   Chowan     Craven                                    Currituck
                       Dare       Gates    Hertford                                    Hyde
                   New Hanover   Onslow    Pamlico                                  Pasquotank
                      Pender   Perquimans  Tyrrell                                  Washington
                  Source Documentation:.http://dcm2.enr.state.nc.us/cama_counties.htm


You may affect Areas of Environmental Concern (AEC) if your project is:

   ■ in, or on the shore of a navigable water within one of the 20 CAMA counties;
   ■ on a marsh or wetland;
   ■ within 75 feet of the normal high water along and estuarine shoreline;
   ■ near the ocean beach;
   ■ within an ocean high hazard flood area;
   ■ near an inlet;
   ■ within 30 feet of the normal high water level of areas designated as inland fishing waters
     by the N.C. Marine Fisheries Commission and the N.C. Wildlife Resources Commission;
   ■ near a public water supply;
   ■ within 575 feet of Outstanding Resource Waters defined by the Environmental
     Management Commission.
   ■ For an official list of AECs please consult N.C.G.S. 113A-113

For assistance in identifying AECs you may contact the appropriate Regional Office (see below).
WARNING: Due to the use of federal funds, a Consistency Determination will be required
for projects with potential coastal effects, as defined at 15 CFR § 930.11[g], regardless of
the absence of impacts to an Area of Environmental Concern or a finding by Regional Staff
indicating that a CAMA permit is not required.

Elizabeth City District: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans.
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax: 252-264-3723
Ted Sampson, District Manager
E-mail: Ted.Sampson@ncmail.net




                                                                                                 26
Morehead City District: Carteret, Craven, Pamlico and mainland Onslow.
151-B Hwy. 24
Hestron Plaza II
Morehead City, NC 28557
252-808-2808
Fax: 252-247-3330
Ted Tyndall, District Manager
E-mail: Ted.Tyndall@ncmail.net

Washington District: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington.
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: 252-948-0478
Terry Moore, District Manager
E-mail: Terry.Moore@ncmail.net

Wilmington District: Brunswick, New Hanover and Pender, and Topsail Island
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-395-3900
Fax: 910-350-2004
Jim Gregson, District Manager
E-mail: Jim.Gregson@ncmail.net



                         Part 3. Areas of Environmental Concern.
§ 113A-113. Areas of environmental concern; in general.
    (a)    The Coastal Resources Commission shall by rule designate geographic areas
of the coastal area as areas of environmental concern and specify the boundaries thereof,
in the manner provided in this Part.
    (b)    The Commission may designate as areas of environmental concern any one or
more of the following, singly or in combination:
          (1)     Coastal wetlands as defined in G.S. 113-229(n)(3) and contiguous areas
                  necessary to protect those wetlands;
          (2)      Estuarine waters, that is, all the water of the Atlantic Ocean within the
                  boundary of North Carolina and all the waters of the bays, sounds,
                  rivers, and tributaries thereto seaward of the dividing line between
                  coastal fishing waters and inland fishing waters, as set forth in the most
                  recent official published agreement adopted by the Wildlife Resources
                  Commission and the Department of Environment and Natural
                  Resources;

                                                                                         27
(3)      Renewable resource areas where uncontrolled or incompatible
      development which results in the loss or reduction of continued
      long-range productivity could jeopardize future water, food or fiber
      requirements of more than local concern, which may include:
      a.      Watersheds or aquifers that are present sources of public water
             supply, as identified by the Department or the Environmental
             Management Commission, or that are classified for water-supply
             use pursuant to G.S. 143-214.1;
      b.      Capacity use areas that have been declared by the Environmental
             Management Commission pursuant to G.S. 143-215.13(c) and
             areas wherein said Environmental Management Commission
             (pursuant to G.S. 143-215.3(d) or 143-215.3(a)(8)) has
             determined that a generalized condition of water depletion or
             water or air pollution exists;
      c.      Prime forestry land (sites capable of producing 85 cubic feet per
             acre-year, or more, of marketable timber), as identified by the
             Department.
(4)    Fragile or historic areas, and other areas containing environmental or
      natural resources of more than local significance, where uncontrolled or
      incompatible development could result in major or irreversible damage
      to important historic, cultural, scientific or scenic values or natural
      systems, which may include:
      a.      Existing national or State parks or forests, wilderness areas, the
             State Nature and Historic Preserve, or public recreation areas;
             existing sites that have been acquired for any of the same, as
             identified by the Secretary; and proposed sites for any of the
             same, as identified by the Secretary, provided that the proposed
             site has been formally designated for acquisition by the
             governmental agency having jurisdiction;
      b.      Present sections of the natural and scenic rivers system;
      c.       Stream segments that have been classified for scientific or
             research uses by the Environmental Management Commission,
             or that are proposed to be so classified in a proceeding that is
             pending before said Environmental Management Commission
             pursuant to G.S. 143-214.1 at the time of the designation of the
             area of environmental concern;
      d.      Existing wildlife refuges, preserves or management areas, and
             proposed sites for the same, as identified by the Wildlife
             Resources Commission, provided that the proposed site has been
             formally designated for acquisition (as hereinafter defined) or for


                                                                             28
             inclusion in a cooperative agreement by the governmental agency
             having jurisdiction;
      e.      Complex natural areas surrounded by modified landscapes that
             do not drastically alter the landscape, such as virgin forest stands
             within a commercially managed forest, or bogs in an urban
             complex;
      f.       Areas that sustain remnant species or aberrations in the
             landscape produced by natural forces, such as rare and
             endangered botanical or animal species;
      g.      Areas containing unique geological formations, as identified by
             the State Geologist; and
      h.      Historic places that are listed, or have been approved for listing
             by the North Carolina Historical Commission, in the National
             Register of Historic Places pursuant to the National Historic
             Preservation Act of 1966; historical, archaeological, and other
             places and properties owned, managed or assisted by the State of
             North Carolina pursuant to Chapter 121; and properties or areas
             that are or may be designated by the Secretary of the Interior as
             registered natural landmarks or as national historic landmarks;
(5)    Areas such as waterways and lands under or flowed by tidal waters or
      navigable waters, to which the public may have rights of access or
      public trust rights, and areas which the State of North Carolina may be
      authorized to preserve, conserve, or protect under Article XIV, Sec. 5 of
      the North Carolina Constitution;
(6)    Natural-hazard areas where uncontrolled or incompatible development
      could unreasonably endanger life or property, and other areas especially
      vulnerable to erosion, flooding, or other adverse effects of sand, wind
      and water, which may include:
      a.      Sand dunes along the Outer Banks;
      b.      Ocean and estuarine beaches and the shoreline of estuarine and
             public trust waters;
      c.      Floodways and floodplains;
      d.      Areas where geologic and soil conditions are such that there is a
             substantial possibility of excessive erosion or seismic activity, as
             identified by the State Geologist;
      e.      Areas with a significant potential for air inversions, as identified
             by the Environmental Management Commission.
(7)    Areas which are or may be impacted by key facilities.
(8)    Outstanding Resource Waters as designated by the Environmental
      Management Commission and such contiguous land as the Coastal
      Resources Commission reasonably deems necessary for the purpose of

                                                                               29
                   maintaining the exceptional water quality and outstanding resource
                   values identified in the designation.
           (9)       Primary Nursery Areas as designated by the Marine Fisheries
                   Commission and such contiguous land as the Coastal Resources
                   Commission reasonably deems necessary to protect the resource values
                   identified in the designation including, but not limited to, those values
                   contributing to the continued productivity of estuarine and marine
                   fisheries and thereby promoting the public health, safety and welfare.
    (c)     In those instances where subsection (b) of this section refers to locations
identified by a specified agency, said agency is hereby authorized to make the indicated
identification from time to time and is directed to transmit the identification to the
Commission; provided, however, that no designation of an area of environmental concern
based solely on an agency identification of a proposed location may remain effective for
longer than three years unless, in the case of paragraphs (4)a and d of subsection (b) of
this section, the proposed site has been at least seventy-five percent (75%) acquired.
Within the meaning of this section, "formal designation for acquisition" means
designation in a formal resolution adopted by the governing body of the agency having
jurisdiction (or by its chief executive, if it has no governing body), together with a
direction in said resolution that the initial step in the land acquisition process be taken (as
by filing an application with the Department of Administration to acquire property
pursuant to G.S. 146-23).
    (d)     Additional grounds for designation of areas of environmental concern are
prohibited unless enacted into law by an act of the General Assembly. (1973, c. 476, s.
128; c. 1262, ss. 23, 86; c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c. 771, s. 4; 1981, c. 932, s.
2.1; 1983, c. 518, s. 1; 1989, c. 217, s. 1; c. 727, s. 128; 1997-443, s. 11A.119(a).)




                                                                                              30
                 Wild and Scenic Rivers in or near North Carolina
                                         April 18, 2003

   River         Drainage Basin                     Designated Reach                     River
                                                                                        Counties
Chattooga       Savannah             The segment from 0.8 miles below Cashiers         Jackson
River                                Lake in North Carolina to the Tugaloo
                                     Reservoir. The West Fork from its confluence
                                     with the main stem upstream 7.3 miles
Horsepasture    Savannah             From Bohaynee Road (N.C. 281) downstream          Jackson
River                                to Lake Jocassee.
New River       New                  The South Fork from its confluence with Dog       Ashe and
                                     Creek downstream 22 miles to the confluence       Alleghany
                                     with the North Fork. The main stem from the
                                     confluence of the North and South Forks with
                                     Dog Creek downstream approximately 4.5
                                     miles to the Virginia state line
Lumber          Lumber               From State Route 1412/1203 (river mile 0) to      Hoke,
River                                the Scotland/Robeson County lines at the end of   Scotland,
                                     the Maxton Airport Swamp (river mile 22) and      Robeson
                                     from Back Swamp (river mile 56) to the            and
                                     North/South Carolina border (river mile 115).     Columbus
Wilson Creek Catawba                 From the headwaters below Calloway Peak to        Avery and
                                     the confluence with Johns River.                  Caldwell

The official list of Wild and Scenic Rivers may be found at
http://www.rivers.gov/wildriverslist.html#nc and
http://www.rivers.gov/wildriverslist.html#ga_nc_sc




                                                                                            31
                         Railroad Crossing ID Plate Sample




Photograph provided courtesy of Mr. Ric Cruz, Crossing Inventory Engineer, NC Department of
Transportation.




                                                                                         32
                                    Thermal and Explosive Hazards
     Project Name                                         Investigator(s)                                       Site Visit Date



                           Part I –Above Ground Storage Tanks – Site Review
Are any above ground storage tanks visible from the site?
              Yes                           No

             If yes, are these tanks 100-gallons or larger?
                                     Yes                                                 No

                                          List visible tanks of 100-gallons or more
                Tank                                                                                     ASD1 (ft)       ASD (ft)
    Tank                    Tank      Flammable? Pressurized?
               Distance                                                                                  Thermal          Blast
    Identifier          Size/Contents (Yes or No) (Yes or No)
                 (ft)                                                                                    Radiation       Pressure




1
    ASD = Acceptable Separation Distance as defined in “Siting of HUD-Assisted Projects Near Hazardous Facilities”


Is the project site within the ASD of any above ground storage tank visible from the site?
                 Yes                            No
        If yes, list the proposed mitigation strategies or reject the site?

                                       Mitigation (attach additional documentation




                 Part II –Above Ground Storage Tanks – Agency Consultation
Has consultation with the Local Public Safety or Fire Department indicated the presence of
thermal/explosive hazards that may affect the site (Attach record of consultation)?
               Yes                           No

             If yes, list the proposed mitigation strategies or reject the site?

                                       Mitigation (attach additional documentation




                                                                                                                                  33
                     Part III – Above Ground Storage Tanks – Record Review
Are above ground storage tanks, which visible on aerial photographs and USGS topographic
maps, located within 1-mile of the site (Attach copies of documents reviewed)?
              Yes                             No

              If yes, are these tanks 100-gallons or larger?
                                      Yes                                                No

                                               List tanks of 100-gallons or more.
                Tank                                                                                     ASD1 (ft)      ASD (ft)
    Tank                    Tank      Flammable? Pressurized?
               Distance                                                                                  Thermal         Blast
    Identifier          Size/Contents (Yes or No) (Yes or No)
                 (ft)                                                                                    Radiation      Pressure




1
    ASD = Acceptable Separation Distance as defined in “Siting of HUD-Assisted Projects Near Hazardous Facilities”


Is the project site within the ASD of any above ground storage tank?
                 Yes                         No

              If yes are there acceptable barriers (natural or manmade) between the site and the tank?
                                      Yes                          No

                                                  Identify Acceptable Barriers2



2
    Acceptable barriers must meet the conditions of 24 CFR § 51.205


              If no, list the proposed mitigation strategies or reject the site?

                                       Mitigation (attach additional documentation



    Additional Comments or Recommendations




Lead Investigator’s Signature                                                                                        Date

                                                                                                                               34
                                   Visible AST Examples




                                Example of 100+ gallon ASTs




                 Blue 3 = highly toxic materials.
                 Red 4 = severely flammable materials.
                 Yellow 4 = severely reactive materials.
National Fire Protection Association Placard indicating presence of flammable materials. The
system uses a scale of 1 (low) to 4 (severe) to indicate severity of potential chemical hazards.




                                                                                               35
                     Recorded AST Examples




Example of AST symbols on a USGS 7.5-minute series topographic map




   Example of AST signatures on a black & white aerial photograph




                                                                     36
              CHECKLISTS FOR RECORDING SITE
                  FEATURES/CONDITIONS
These forms may be used to provide documentation of the presence/absence of site
features/conditions considered under on the Environmental Assessment Checklist




                                                                              37
               Conformance with Plans and Zoning/Site Compatibility

 Project Name                               Investigator(s)               Site Visit Date


                                        ZONING
 Is the project in compliance or conformance with local zoning:

      Yes        No (explain)
      Not applicable (explain)

SITE COMPATIBILITY
Check all items that apply
 Is the project incompatible with surrounding:
         Land uses                           Building type (low/high-rise)
         Building height, bulk, mass         Building density
 Will the project be unduly influenced by:
         Building deterioration              Transition of land uses
         Postponed maintenance               Incompatible land uses
         Obsolete public facilities          Inadequate off-street parking
 Will the project be influenced by air pollution generators such as:
         Heavy industry                      Large parking facilities (1000 or more cars)
         Incinerators                        Heavily traveled highway ( 6 or more lanes)
         Power generation plants             Oil refineries
         Cement plants                       Other (Specify)

Were any site compatibility issues identified?
               Yes                           No

If yes, list mitigation strategies below.




Lead Investigator’s Signature                                                   Date




                                                                                            38
                             Hazards and Nuisances Checklist

 Project Name                               Investigator(s)                 Site Visit Date


Check those features that were observed on or adjacent to the property at the time of the visit.
                                   NATURAL HAZARDS
     Faults, fractures                               Fire hazard materials
     Cliffs, bluffs, crevices                        Wind/sand storm concerns
     Slope-failures from rains                       Poisonous plants, insects, animals
     Unprotected water bodies                        Hazardous terrain features
                              BUILT HAZARDS & NUISANCES
     Hazardous street                                Inadequate screened drainage catchments
     Dangerous intersection                          Hazards in vacant lots
     Through traffic                                 Chemical tank-car terminal
     Inadequate separation of
     pedestrian/vehicle traffic                      Other hazardous chemical storage
     Play areas next to freeway or other             High pressure gas or liquid petroleum
     highway traffic                                 transmission lines on site
     Inadequate street lighting                      Overhead transmission lines
     Quarries or other excavations                   Hazardous cargo transportation routes
     Dumps/sanitary landfills or mining              Oil or gas wells
     Railroad crossing                               Industrial operations
                                         NUISANCES
     Gas, smoke, fumes                               Unsightly land uses
     Odors                                           Front lawn parking
     Vibration                                       Abandoned vehicle
     Glare from parking area                         Vermin infestation
     Vacant/boarded up buildings                     Industrial nuisances
     Other (Specify)                                 Other (Specify)

Were any nuisances or hazards observed?
              Yes                                 No

If yes, list mitigation strategies below.




Lead Investigator’s Signature                                                     Date


                                                                                               39
                         Commercial/Retail Availability Checklist
 Project Name                             Investigator(s)                       Site Visit Date


                                       Residential Projects
Identify facilities that will be available for residents.
Facility Type             Facility Names                                Distance to closest facility
Grocery
Clothing Store
Retail Store
Office Space
Employment Centers
Other
If commercial/retail facilities are not available via walking or public transportation explain how
this will be addressed prior to occupancy by residents.



                         Commercial and Infrastructure Projects
Identify the project type.
    Manufacturing          Retail            Job training          Recreational services
    Social Services          Education Services             Infrastructure (water, sewer, etc).
   Other
How many residents/employers is the project intended to serve?
Where are the potential project users located?

                                       Other Project Types
Describe the project type:
Explain how this project may affect retail/commercial services?


List any additional comments/observation below.




Lead Investigator’s Signature                                                          Date



                                                                                                  40
   CERTIFICATION FORMS FOR RECORDING LOCAL
         RESOURCE AND SOCIAL AGENCY
              COMMENTS/ANALYSES
These forms may be used to provide documentation of agency comments/analyses
   regarding impacts considered on the Environmental Assessment Checklist




                                                                          41
     KNOWN UNIQUE NATURAL FEATURE/AREA CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Known unique natural areas or features that may          may not           be affected by this
project. Effects to the known unique features/areas are potentially beneficial      adverse

 Known unique natural areas or features that may be affected by the project are:




 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                  42
                               ZONING CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 The above project site is zoned                               and permits         or does
 not permit      the proposed use; or, zoning is not present, and the proposed use has
 has not       been approved for the site.

 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                             43
                          PUBLIC WATER CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Public Water is available and adequate         or is not available            to serve the above
 project. The closest tap is a          inch line located about            feet off-site.
 Location of line:


 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                    44
                          PUBLIC SEWER CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Public Sewer is available and adequate          or is not available         to serve the above
 project. The closest tap is a          inch line located about          feet off-site.
 This line is approximately        feet deep. This will be a gravity flow system           ; a lift
 station will be required      or will not be required
 Location of line:


 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                  45
                  SOLID WASTE REMOVAL CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Solid Waste disposal for the above project can be adequately handled by public            or
 private collectors      without adversely affecting landfill capacity, ; or Solid Waste
 disposal is limited     due to the unavailability of collectors        or adequate landfill
 capacity        .

 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                46
                      PUBLIC EDUCATION CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 The above project, which is located in the                               school district(s),
 will       will not           adversely affect the schools serving this project. Furthermore,
 schools located in this district are         are not         considered high risk or poor
 performing schools per state or federal performance standards.

 The schools that will serve project are:




 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                 47
                 RECREATIONAL SERVICES CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Adequate and appropriate Recreational Services and Facilities are        are not    available
for this project. Furthermore, available Recreational Services and Facilities will     will
not        be adversely affected by this project.

 Recreational facilities and organization that may serve the project are:




 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                            48
                       SOCIAL SERVICES CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Adequate and appropriate Social Services are              are not       available for this project
 Furthermore, available Social Services will              will not     be adversely affected
 by this project.

 Social organizations that may serve the project are:



 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                      49
                      HEALTH SERVICES CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Adequate and appropriate Health Services are              are not       available for this project
 Furthermore, available Health Services will              will not     be adversely affected
 by this project.

 Health Service/Provider organizations that may serve the project are:



 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                      50
            EMERGENCY MEDICAL SERVICE CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Emergency Medical Service is available and adequate           for the project as the average
 response time of         minutes falls within the average community response time of
 minutes; or adequate Emergency Medical Service is not available         for the project.
 Furthermore, available Emergency Medical Service will         will not        be adversely
 affected by the project.

 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                51
                       FIRE PROTECTION CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Fire Protection is available and adequate      for the project as the average response time of
       minutes falls within the average community response time of                 minutes; or
 adequate Fire Protection is not available      for the project. Furthermore, available Fire
 Protection will         will not      be adversely affected by the project.

 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                  52
                     LAW ENFORCEMENT CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Police Service is available and adequate       for the project as the average response time of
      minutes falls within the average community response time of                  minutes; or
 adequate Police Service is not available      for the project. Furthermore, available Police
 Service will       will not       be adversely affected by the project.

 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)


Note: Copying official letterhead onto this certification is encouraged.




                                                                                                  53
                 PUBLIC TRANSPORTATION CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Public transportation is        or is not available        to serve the above project.
 If available, Public transportation includes: bus              train        cab          other

 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                  54
                       TRANSPORTATION CERTIFICATION

 Project Name:
 Proposed No. of Units:
 Address:


 Closest street intersection or landmark:


 Nearby public roadways conveying traffic to and from the project site will           will not
 be adversely affected by the project (If applicable, please attach a copy of the supporting
 traffic impact study).

 Additional Comments/Conditions/Concerns




                       Date                 (Officials Signature)


                                            (Officials Name – Print or Type)


                                            (Official’s Title)


                                            (Department Name)

Note: Copying official letterhead onto this certification is encouraged.




                                                                                                 55
                    Sample Service/Resource Impact Letter
                (Used only for activities that require Environmental Assessments)
    Portions of this sample letter are based on a letter developed by Ana Kimsey, Community
                             Development Planner - City of Raleigh.

                                       INSTRUCTIONS
   1. Items in bold (excluding items in the Determination Definitions box) are to be changed
      as indicated
   2. Items in [brackets] are selections. Select the applicable statement. Delete the or and the
      remaining statement.
   3. Attach a Site Vicinity Map prior to mailing.

Date

Address of Agency Consulted

SUBJECT:       Your Organization Name, Project Name, HUD Grant Number (if available):

To Whom It May Concern:

Your Organization Name is [requesting a Name of Program grant or requesting to release
funds for a Name of Program grant] from the US Department of Housing and Urban
Development (HUD) to undertake a project known as Project Title, located at [Street Address
or Site Description] (Site Map Attached) for the purpose of Nature/Scope of Project.

To facilitate compliance with the National Environmental Policy Act of 1969 and HUD
Regulations at 24 CFR Part 58, an Environmental Assessment must be completed prior to
releasing funds for the Project Title project. This letter is a formal request to determine what
effect(s) the proposed activity may have on [operations and services provided by Agency Name
or resources managed by Agency Name]. Using your area of expertise as a guide, please
indicate within 30 days of receipt of this letter which of the type of impact(s) your agency
anticipates because of the proposed activity by placing an X beside the appropriate impact
caterory(ies) below, attaching necessary documentation, and returning this form to Your
Organization Name (you may fax this form with your response to Fax Number).

              No Impact Anticipated
              Potentially Beneficial
              Potentially Adverse/Requires Documentation Only
              Potentially Adverse/Requires More Study
              Needs Mitigation

Signature, Title, and Date:

If you have any questions or need any additional information, please contact Preparer or
Responsible Official at Phone Number or email address. Your time and effort are
appreciated.

                                                                                               56
Sincerely,


Preparer or Responsible Official
Title

                              DETERMINATION DEFINITIONS
No Impact Anticipated –No additional analysis or mitigation efforts are needed.
Potentially Beneficial – Anticipated beneficial impacts.
Potentially Adverse/Requires Documentation Only – The impacts may be so small as not to
require further study; or standard mitigation procedures have been established (for example, a
sediment/erosion control plan must be submitted and sediment/erosion controls devices must be
installed per existing sediment/erosion regulations).
Potentially Adverse/Requires More Study – The impact in question should be subject to
further review (consultation with experts, etc.) and study.
Needs Mitigation/Project Modification – The impact is adverse and requires mitigation for
impacts or project modification (for example, the projects needs to be redesigned for access by
emergency vehicles).




                                                                                              57

				
DOCUMENT INFO