Fort Walton Beach Council agenda — 02-08-05 — reading text

5000 we,make howingo~ le Tallahassee, FL 32301 Environmental Analysis & Procedures Categorical Exclusion under 24 CFR Part 58.35( a)) The purpose of the environmental analysis is to ensure that the site of interest contains no imminent threat to the health and safety of the household or the structural integrity of the dwelling itself. All development activities financed fully or in part with federal resources are required to undertake an environmental review process to 24 CFR Part pursuant 58. There are certain activities that are exempt or excluded from some of the provisions outlined in 24 CFR Part 58. The proposed activity to be undertaken typically initiates the level of environmental review that will be required. The HOME Again - FHFC Disaster Relief HOME Assistance Program HOME Again) is designed to be a rehabilitation/reconstruction program. According to 24 CFR Part 58. 35( a)( 3)( i), rehabilitation/ reconstruction activities are that a. full environmental categorically excluded, meaning assessment pursuant to the National ' Environmental Protection Act NEP A) regulations is not required. Categorically excluded activities typically replace or improve existing facilities or structures, i. e., they retain the original usage of a structure or facility; do not increase the size or unit density of the structure or more than 20 facility being improved by percent; do not change land uses ( commercial to residential); and in the case of rehabilitation, the cost of rehabilitation is less than 75 percent of the total estimated cosLuf replacement after rehabilitation. This categorical exclusion does not exempt the Subrecipient from completing and properly documenting Environmental Review Record ( ERR) for each an activity. A "compliance detennination" analysis using the Environmental 24 CFR Part 58. 5 and Statutory Checklist (" Checklist"), pursuant to 58. 6, will be used to detennine whether or not a further environmental review is needed. The Checklist identifies several federal laws and authorities found in 24 CFR Part 58. 5. If compliance with any item on the checklist is required, a further review must be completed along with certain publication requirements and authorizations mandated by HOD before the " compliance detennination" can be considered finished. If a further review is required, the Subrecipient should immediately notify Florida that if compliance with the federal laws or Housing for direction.' Please note authorities is required, the environmental review process may take up to sixty ( 60) days to complete. Please reference the left portion of the diagram on the next page. The Checklist must be completed for each proposed activity. Funds cannot be committed and work cannot beein prior to completion of the compliance determination. If it is determined that compliance with the federal laws and authorities listed on the Checklist is not required, the proposed activity will revert to an exempt activity according to 24 CFR Part 58.34( a)( 12), and certain typical environmental processes are excluded. The diagram on the next page portrays an accurate picture of what needs to occur in order to document the ERR for each Florida Housing will require documentation to activity. support each Subrecipient's compliance detennination with the federal laws and authorities. Statutory Checklist Pursuant to 24 CFR Part 58. 5) Compliance with one or more I None of the items on the items on checklist is required statutory checklist apply I Publish Notice in local media Rehab/ Reconstruction and allow comment for 7 to Activities revert to exempt 10 days status under 58. 34( a)( l2) FHFC sends request to HUD for a release funds HUD has a 15 day review and comrnentperiod HtnDsendsconfinnationto FHFC to allow Applicant to use funds for activity I The Environmental Review Record ( ERR) is complete. Funds may be used. Supporting documentation must be a part of the ERR. Emphasis: If one or more of the Checklist statutes are invoked after performing the review, a more in depth analysis will need to be performed, after which the procedures on the left of the followed. Please contact Florida diagram will need to be Housing if at least one of the statutory requirements is invoked. 2  Compliance Determination Instructions The Checklist is attached and made a part of these instructions. Please use the following instructions and background infonnation for completion of the Checklist.. Supporting documentation is required for each of the statutory requirements. Acceptable fonns of documentation are reference maps, correspondence from appropriate regulatory authorities, documented site visits and observances from inspectors, memorandums to the file, website infonnation, specialized reports or tests, etc. All Subrecipients are required to maintain copies of the Checklist and necessary documentation to support and/or explain decisions made and steps taken in the environmental Please note that each process. Subrecipient must document all answers to the Checklist and keep the documentation in the file as well as forward all information to Florida Housing prior to activity commencing. Subrecipients may devise and utilize the most efficient manner to Checklist, so long as the documentation complete the supports the decision made. Prior to committing any funds, environmental clearance is needed. All to complete the environmental review Subrecipents are required per activity as soon as possible and forward to Florida Housing along with each scope of work and Homeowner Assistance Agreement. Please see the Program Guidelines for further direction. If you have any questions environmental review, please contact Florida regarding this Housing' sHomeownership Department at ( 850) 488- 4197. . Note: The numbers beside each section correspond to the number~ on' the attached Checklist. Historic Properties ( 1) The National Historic Preservation Act, Executive Order 11593 and other historic preservation regulations require that certain districts that are classified as " historic" be 50 years or older typically fall into this preserved. Properties category. You can detennine if a site is listed on the National Register of Historic Places or located in a historic district by checkingthe website at www.nr.nps. gov. Ifa site is not located on or near a historic district, please document the ERR proving such. If the property is 50 years or older or is located in a historic district or near a district that is on the National Register of Historic Places, please contact the Division of Historical Resources, the State' s Historic Preservation Office ( SHPO) at www. flheritage. com. A letter of clearance fr~m SHPO will be needed prior to activity commencing. SHPO will need photos of the structure, the address of the property, a map showing the site' s location and any other relevant infonnation. SHPO has thirty (30) days in which to respond. Coastal Zone ement ( 2) Mana!!