SITE SELECTION & THE ENVIRONMENTAL REVIEW PROCESS

SITE SELECTION &

THE ENVIRONMENTAL REVIEW PROCESS

SITE SELECTION &

THE ENVIRONMENTAL REVIEW PROCESS

Environmental changes for 2010 NOFAS

Environmental changes for 2010 NOFAS

ENVIRONMENTAL REVIEW PROCESS…..•Application processing stage

– Environmental Report• newly requirement• 202s, 811s as Cat A• Not curable deficiency• To help HUD with prelim environmental

review

ENVIRONMENTAL REVIEW PROCESS…..•Application processing stage

– Environmental Report• newly requirement• 202s, 811s as Cat A• Not curable deficiency• To help HUD with prelim environmental

review

Environmental changes, contd.ENVIRONMENTAL REVIEW PROCESS


• Application processing stage– Environmental Report

• May be separate from Phase I ESA• Per NOFA: should focus on

– State environmental requirements– relevant topics in SFNC and 4128– Per NOFA HP, FP wetlands, endgrd

species, noise, fire/expl hazards, CBR, CZM, SSA, and Clear zones

• Application processing stage– Environmental Report

• May be separate from Phase I ESA• Per NOFA: should focus on

– State environmental requirements– relevant topics in SFNC and 4128– Per NOFA HP, FP wetlands, endgrd

species, noise, fire/expl hazards, CBR, CZM, SSA, and Clear zones



Application processing stage, •Environmental Assurance Per signature on application– Applicant will assist HUD with HUD ER

for approved grants– At FIRM stage Supply HUD with any

information requests

Application processing stage, •Environmental Assurance Per signature on application– Applicant will assist HUD with HUD ER

for approved grants– At FIRM stage Supply HUD with any

information requests



Application processing stage, • Environmental Assurance Per

signature on application– Carry out mitigation as required by

HUD• Not acquire, rehabilitate, demolish, etc:

until HUD approves site at FIRM

Application processing stage, • Environmental Assurance Per

signature on application– Carry out mitigation as required by

HUD• Not acquire, rehabilitate, demolish, etc:

until HUD approves site at FIRM

Environmental changes, contd. ENVIRONMENTAL REVIEW PROCESS


Application processing stage, • Preliminary environmental Reviews– 202s– 811s processed as Category A:– On information supplied in

Application package and site visit—No detailed analysis

Application processing stage, • Preliminary environmental Reviews– 202s– 811s processed as Category A:– On information supplied in

Application package and site visit—No detailed analysis



Application processing stage, • Preliminary environmental Reviews– Except Technical reject for: floodway,

coastal high hazard, CBRU, SFHA in non-participating community

• Not constitute HUD environmental approval of project site.

Application processing stage, • Preliminary environmental Reviews– Except Technical reject for: floodway,

coastal high hazard, CBRU, SFHA in non-participating community

• Not constitute HUD environmental approval of project site.



Approved grantees– Environmental review completed

prior to issuance of FIRM– Assist HUD pursuant to

assurances above

Approved grantees– Environmental review completed

prior to issuance of FIRM– Assist HUD pursuant to

assurances above



Approved grantees– If site deemed environmentally

unacceptable:• Pursuant to NOFA, fund reservation

may be cancelled• So, in Environmental Report make

sure to address issues

Approved grantees– If site deemed environmentally

unacceptable:• Pursuant to NOFA, fund reservation

may be cancelled• So, in Environmental Report make

sure to address issues

Environmental changes, contd. Environmental changes, contd.

Phase I Environmental Site Assessment (ESA),

– Phase I Environmental Site Assessment no longer curable deficiency

– Vapor Encroachment analysis– Environmental Professional (EP) requirements

laid out– Applicant to fill out “User Questionnaire “and

provide to EP, to be included in Phase I ESA– Applicant to inform EP of reasons and

requirements for the Phase I ESA– Findings, Opinions, and Conclusions

requirements described in greater detail– More detailed discussion of Phase I ESA timing

requirements

Phase I Environmental Site Assessment (ESA),

– Phase I Environmental Site Assessment no longer curable deficiency

– Vapor Encroachment analysis– Environmental Professional (EP) requirements

laid out– Applicant to fill out “User Questionnaire “and

provide to EP, to be included in Phase I ESA– Applicant to inform EP of reasons and

requirements for the Phase I ESA– Findings, Opinions, and Conclusions

requirements described in greater detail– More detailed discussion of Phase I ESA timing

requirements


Phase II ESA when required

– Must be submitted with application, not delayed

– Must address all Recognized Environmental Conditions (REC) and vapor encroachment conditions (VEC) identified in Phase I ESA

– To address on-site and off-site RECs and VECs

Phase II ESA when required

– Must be submitted with application, not delayed

– Must address all Recognized Environmental Conditions (REC) and vapor encroachment conditions (VEC) identified in Phase I ESA

– To address on-site and off-site RECs and VECs


Clean-up

• Clean-up plan and associated documentation below: with application, not delayed

• Risk-based Corrective Action (RBCA) now allowed

• Contract for any remediation not required at Application processing

• Estimate only of clean-up costs required with application, not delayed

Clean-up

• Clean-up plan and associated documentation below: with application, not delayed

• Risk-based Corrective Action (RBCA) now allowed

• Contract for any remediation not required at Application processing

• Estimate only of clean-up costs required with application, not delayed


Clean-up• Approval of remediation plan from the

federal, State or local authorities not mandatory at application Processing stage

• Final clean-up plan prior to FIRM

• Completion of work prior to final closing or initial occupancy, whichever comes first with feasibility statement to same in NOFA

• Clarifies how clean-up an allowable cost

Clean-up• Approval of remediation plan from the

federal, State or local authorities not mandatory at application Processing stage

• Final clean-up plan prior to FIRM

• Completion of work prior to final closing or initial occupancy, whichever comes first with feasibility statement to same in NOFA

• Clarifies how clean-up an allowable cost


Asbestos requirement clarification: When Comprehensive Building

Asbestos Survey required– ASTM E 2356-10 “Standard

Practice for Comprehensive Building Asbestos Surveys.”• “baseline survey”

Asbestos requirement clarification: When Comprehensive Building

Asbestos Survey required– ASTM E 2356-10 “Standard

Practice for Comprehensive Building Asbestos Surveys.”• “baseline survey”


Environmental Rating

• Never before directly applied to ratings

• Rating Factor 3 “Soundness of Approach”, Readiness sub-factor– HUD will deduct 2 points if HUD’s preliminary

environmental review determines that there are obvious adverse environmental conditions and appropriate mitigation of such does not appear to be achievable within 6 months of the fund reservation date.

Environmental Rating

• Never before directly applied to ratings

• Rating Factor 3 “Soundness of Approach”, Readiness sub-factor– HUD will deduct 2 points if HUD’s preliminary

environmental review determines that there are obvious adverse environmental conditions and appropriate mitigation of such does not appear to be achievable within 6 months of the fund reservation date.

General General

• 202/811 Sponsors and HUD are partners

• HUD wants Sponsors to– Find a site with no concerns/easily

resolvable concerns, especially• Toxic Hazards• Historic Preservation• Floodplain or Wetland

• 202/811 Sponsors and HUD are partners

• HUD wants Sponsors to– Find a site with no concerns/easily

resolvable concerns, especially• Toxic Hazards• Historic Preservation• Floodplain or Wetland

Curable DeficienciesCurable Deficiencies

• Asbestos Submissions– Comprehensive Asbestos Bldg

Survey– or no- pre78 Structures,– or only 1-4 units on site

• Historic Preservation– Letter to SHPO– SHPO response or statement of no SHPO

response

• Asbestos Submissions– Comprehensive Asbestos Bldg

Survey– or no- pre78 Structures,– or only 1-4 units on site

• Historic Preservation– Letter to SHPO– SHPO response or statement of no SHPO

response

Hazard Identification and Remediation

Hazard Identification and Remediation

• Phase I Environmental Site Assessment (ESA) Must use ASTM 1527-05, as amended

• Phase I Environmental Site Assessment (ESA) Must use ASTM 1527-05, as amended

Vapor Encroachment ScreenVapor Encroachment Screen

Comprehensive Building Asbestos Surveys

Comprehensive Building Asbestos Surveys

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Hazard I&R (cont’d)Hazard I&R (cont’d)

Phase I ESA, contd.– Tech reject

• If use earlier version of 1527• Failure to use Appendix X4• Failure to use Sections 12.5, 12.6, 12.8• Failure to follow new/revised requirements

discussed earlier

Phase I ESA, contd.– Tech reject

• If use earlier version of 1527• Failure to use Appendix X4• Failure to use Sections 12.5, 12.6, 12.8• Failure to follow new/revised requirements

discussed earlier

Hazard I&R (cont’d)Hazard I&R (cont’d)

• Groundwater exception to complete clean-up of site– All contamination in GW at least 25

feet below surface– No groundwater use in area or active

water supply wells on site

• Groundwater exception to complete clean-up of site– All contamination in GW at least 25

feet below surface– No groundwater use in area or active

water supply wells on site

Comprehensive Building Asbestos Survey

Comprehensive Building Asbestos Survey

• Not required if sponsor statement that no Pre-1978 structures or only 1-4 units residential on site

• Must be performed pursuant to earlier discussion

• Asbestos screen not acceptable

• Friable or affected by rehabilitation/demolition – abate

• Other asbestos: O&M plan

• Not required if sponsor statement that no Pre-1978 structures or only 1-4 units residential on site

• Must be performed pursuant to earlier discussion

• Asbestos screen not acceptable

• Friable or affected by rehabilitation/demolition – abate

• Other asbestos: O&M plan

Choosing an Environmentally “Safe”

Site

Choosing an Environmentally “Safe”

Site• Accessed through WEB page of

202/811 SuperNOFA• Excellent discussion

• Discusses Phase I ESAs, especially for 202/811 programs

• Special discussions on

– Toxic & hazardous substances– USTs– Asbestos– LBP

• Accessed through WEB page of

202/811 SuperNOFA• Excellent discussion

• Discusses Phase I ESAs, especially for 202/811 programs

• Special discussions on

– Toxic & hazardous substances– USTs– Asbestos– LBP

Choosing an Environmentally “Safe” Site

Supplemental Guidance


Supplemental Guidance

• Accessed through Funds Available Web page for the 202/811 Programs

• Discusses manmade hazards as well as items that HUD may look at during environmental review

• Accessed through Funds Available Web page for the 202/811 Programs

• Discusses manmade hazards as well as items that HUD may look at during environmental review


Supplemental Guidance, contd.


Supplemental Guidance, contd.

• Natural Resources

• Manmade Hazards

• Natural Resources

• Manmade Hazards

HUD Form 4128HUD Form 4128

• Used to record environmental review

• HUD appraiser performs site visit and records results on the “Sample Field Notes Checklist”

• Used to record environmental review

• HUD appraiser performs site visit and records results on the “Sample Field Notes Checklist”

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• Test• Test

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• Test– Test• test

– Test• test

• Test– Test• test

– Test• test

30

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Historic PreservationHistoric Preservation

• Sample letter to SHPO/THPO– Accessed through HUD WEB page of

202/811 SuperNOFA– Developed by HUD HPO– Includes all information necessary for

SHPO/ THPO to provide comment– Allows for dual response to sponsor &

HUD– Some Field Offices might have other

sample letters

• Sample letter to SHPO/THPO– Accessed through HUD WEB page of

202/811 SuperNOFA– Developed by HUD HPO– Includes all information necessary for

SHPO/ THPO to provide comment– Allows for dual response to sponsor &

HUD– Some Field Offices might have other

sample letters

Historic Preservation (cont’d)


• If HUD needs to contact SHPO– will be done only for approved

applications

• HUD will complete HP prior to FIRM– At application stage if HUD believes

take longer than 6 months – minus 2 points

• If HUD needs to contact SHPO– will be done only for approved

applications

• HUD will complete HP prior to FIRM– At application stage if HUD believes

take longer than 6 months – minus 2 points



• NRHP or no NRHP properties• If NRHP - Effect or No Effect• If Effect – Not Adverse or

Adverse• If Adverse –MOA to mitigate

adverse effects or Failure to Agree process

• NRHP or no NRHP properties• If NRHP - Effect or No Effect• If Effect – Not Adverse or

Adverse• If Adverse –MOA to mitigate

adverse effects or Failure to Agree process



If HUD possesses knowledge that a site might have Religious or Cultural Significance to Indian tribe or Native Hawaiian Organization– HUD will request their comments

If HUD possesses knowledge that a site might have Religious or Cultural Significance to Indian tribe or Native Hawaiian Organization– HUD will request their comments

HUD HP Archeological policy HUD HP Archeological policy

• HUD rarely requires even if requested by SHPO– HUD HP fact sheet 6 REVISED

• http://www.hud.gov/offices/cpd/environment/review/hpfactsheet06.pdf

– Proposed or adjacent site already determined eligible/listed

– Preliminary site work (e.g. previous surveys or predictive models) has established eligibility

• HUD rarely requires even if requested by SHPO– HUD HP fact sheet 6 REVISED

• http://www.hud.gov/offices/cpd/environment/review/hpfactsheet06.pdf

– Proposed or adjacent site already determined eligible/listed

– Preliminary site work (e.g. previous surveys or predictive models) has established eligibility

Floodplains and WetlandsFloodplains and Wetlands

• Sponsors should try to select sites out of – 100-year floodplain– 500-year floodplain for critical

actions: special care; i.e..., not independent living projects

– Wetlands– Reminder: 6 months – minus 2

points

• Sponsors should try to select sites out of – 100-year floodplain– 500-year floodplain for critical

actions: special care; i.e..., not independent living projects

– Wetlands– Reminder: 6 months – minus 2

points

Floodplains and Wetlands (cont’d)

Floodplains and Wetlands (cont’d)

• For new construction projects deemed acceptable based on no practicable alternatives, condition on approval documents– CLOMA/CLOMR prior to firm– FLOMA/FLOMR prior to final closing– Flood insurance during construction

• For new construction projects deemed acceptable based on no practicable alternatives, condition on approval documents– CLOMA/CLOMR prior to firm– FLOMA/FLOMR prior to final closing– Flood insurance during construction

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Email Your Questions

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Email Your Questions

to [email protected]

SITE SELECTION & THE ENVIRONMENTAL REVIEW PROCESS

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