Laurel Street EA NarrativeEnvironmental Assessment
Determinations and Compliance Findings
for HUD-assisted Projects
24 CFR Part 58
Project Information
Project Name:
Affordable-Housing-Laurel-Street
HEROS Number:
900000010189400
Responsible Entity (RE):
NORTHAMPTON, 210 Main St Northampton MA, 01060
RE Preparer:
Keith Benoit
State / Local Identifier:
Certifying Officer:
Carolyn Misch
Grant Recipient (if different than Responsible Entity):
Valley Community Development
Point of Contact:
Laura Baker
Consultant (if applicable):
Point of Contact:
Project Location:
23 Laurel St, Northampton, MA 01060
Additional Location Information:
Parcel ID: 38A-049-001
Direct Comments to:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
20 affordable units will be created. All project work will take place on a 1.67-acre previously developed lot. This lot was formerly part of the Northampton State Hospital campus and
contained a single-family home, demolished previously. It now consists of vacant land. Scope of this Project includes clearing vegetation; site grading; installation of sub-surface
infrastructure and storm water management systems; construction of 20 new town-house style affordable apartments grouped in 7 buildings; site improvements including driveway and parking;
site amenities including dumpster area, playground, pavilion, bike rack, mail boxes, and other outdoor recreation areas. The completed Project will contain 20 affordable family
apartments (8 one-bedroom units; 10 two-bedroom units; and 2 three-bedroom units), including 3 fully accessible units. Eleven units will be available to households earning 30% AMI or
less and nine units to households earning 60% AMI or less.
Statement of Purpose and Need for the Proposal [40 CFR 1508.9(b)]:
This project will, redevelop a previously developed parcel of land and create much needed new affordable rental housing for low- and moderate- income households in close proximity to
conservation areas and regional rail trails.
Existing Conditions and Trends [24 CFR 58.40(a)]:
The project complements efforts by the City of Northampton and the State to locate affordable housing in ''areas of opportunity'' and in locations close to transit (bus line and bike
trail), shopping and services (1 mile from downtown Northampton), and other amenities (site is proximate to community gardens and recreation field).
Maps, photographs, and other documentation of project location and description:
Determination:
(
Finding of No Significant Impact [24 CFR 58.40(g)(1); 40 CFR 1508.13] The project will not result in a significant impact on the quality of human environment
Finding of Significant Impact
Approval Documents:
7015.15 certified by Certifying Officer on:
7015.16 certified by Authorizing Officer on:
Funding Information
Grant / Project Identification Number
HUD Program
Program Name
CDFA #14.218
Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
Estimated Total HUD Funded, Assisted or Insured Amount:
$100,000.00
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]:
$9,775,971.00
Compliance with 24 CFR §50.4, §58.5 and §58.6 Laws and Authorities
Compliance Factors:
Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4, §58.5, and §58.6
Are formal compliance steps or mitigation required?
Compliance determination
(See Appendix A for source determinations)
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.6
Airport Hazards
Clear Zones and Accident Potential Zones; 24 CFR Part 51 Subpart D
( Yes ( No
The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements. No airport within
close proximity. Northampton Airport is approximately 2.5 miles from project site. Only small, non-commercial planes use this airport. Noise from planes does not impact this site.
Coastal Barrier Resources Act
Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]
( Yes ( No
This project is not located in a CBRS Unit. Therefore, this project has no potential to impact a CBRS Unit and is in compliance with the Coastal Barrier Resources Act.
Flood Insurance
Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]
( Yes ( No
According to FEMA Flood Map #250167 0002A dated April 3, 1978, the subject lies in a Zone C and so is not within a 100 year or 500-year floodplain. Based on the project description
the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While
flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project
is in compliance with Flood Insurance requirements. This project will occur on an undeveloped property.
Flood Insurance
Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]
( Yes ( No
According to FEMA Flood Map #250167 0002A dated April 3, 1978, the subject lies in a Zone C and so is not within a 100 year or 500-year floodplain. Based on the project description
the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While
flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project
is in compliance with Flood Insurance requirements. This project will occur on an undeveloped property.
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality
Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93
( Yes ( No
Based on the project description, this project includes no activities that would require further evaluation under the Clean Air Act. The project is in compliance with the Clean Air
Act.
Coastal Zone Management Act
Coastal Zone Management Act, sections 307(c) & (d)
( Yes ( No
This project is not located in or does not affect a Coastal Zone as defined in the state Coastal Management Plan. The project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
24 CFR 50.3(i) & 58.5(i)(2)]
( Yes ( No
Endangered Species Act
Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402
( Yes ( No
This project will have No Effect on listed species due to the nature of the activities involved in the project. This project is in compliance with the Endangered Species Act.
Explosive and Flammable Hazards
Above-Ground Tanks)[24 CFR Part 51 Subpart C
( Yes ( No
None identified in Phase 1 ESA. Based on the project description the project includes no activities that would require further evaluation under this section. The project is in compliance
with explosive and flammable hazard requirements.
Farmlands Protection
Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658
( Yes ( No
This project does not include any activities that could potentially convert agricultural land to a non-agricultural use. The project is in compliance with the Farmland Protection Policy
Act.
Floodplain Management
Executive Order 11988, particularly section 2(a); 24 CFR Part 55
( Yes ( No
Flood maps, discussed above, show that this site in not within the 100 nor the 500 year floodplains. No floodplain management is necessary. The following exception applies, so the project
is in compliance with Executive Order 11988: 55.12(c)(10), special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility
to elderly and persons with disabilities.
Floodplain Management
Executive Order 11988, particularly section 2(a); 24 CFR Part 55
( Yes ( No
Flood maps, discussed above, show that this site in not within the 100 nor the 500 year floodplains. No floodplain management is necessary. The following exception applies, so the project
is in compliance with Executive Order 11988: 55.12(c)(10), special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility
to elderly and persons with disabilities.
Historic Preservation
National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800
( Yes ( No
Based on the project description the project has No Potential to Cause Effects. The project is in compliance with Section 106.
Noise Abatement and Control
Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B
( Yes ( No
No abutting or nearby uses generate excessive noise. Abutters are primarily residential, with one technology manufacturing company adjacent. The proposed residential use will not general
excessive noise. Based on the project description, this project includes no activities that would require further evaluation under HUD's noise regulation. The project is in compliance
with HUD's Noise regulation.
Sole Source Aquifers
Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149
( Yes ( No
The project is not located on a sole source aquifer area. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection
Executive Order 11990, particularly sections 2 and 5
( Yes ( No
Based on the project description this project includes no activities that would require further evaluation under this section. The project is in compliance with Executive Order 11990.
Wild and Scenic Rivers Act
Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c)
( Yes ( No
This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act.
HUD HOUSING ENVIRONMENTAL STANDARDS
ENVIRONMENTAL JUSTICE
Environmental Justice
Executive Order 12898
( Yes ( No
This Project will benefit low- and moderate- income persons by providing safe, health, affordable housing in a desirable community and neighborhood. It will allow low-income community
members to live in energy efficient housing using alternative energy sources. No adverse environmental impacts were identified in the project's total environmental review. The project
is in compliance with Executive Order 12898.
Environmental Justice
Executive Order 12898
( Yes ( No
This Project will benefit low- and moderate- income persons by providing safe, health, affordable housing in a desirable community and neighborhood. It will allow low-income community
members to live in energy efficient housing using alternative energy sources. No adverse environmental impacts were identified in the project's total environmental review. The project
is in compliance with Executive Order 12898.
Environmental Assessment Factors [24 CFR 58.40; Ref. 40 CFR 1508.8 &1508.27]
Impact Codes: An impact code from the following list has been used to make the determination of impact for each factor.
(1) Minor beneficial impact
(2) No impact anticipated
(3) Minor Adverse Impact – May require mitigation
(4) Significant or potentially significant impact requiring avoidance or modification which may require an Environmental Impact Statement.
Environmental Assessment Factor
Impact Code
Impact Evaluation
Mitigation
LAND DEVELOPMENT
Conformance with Plans / Compatible Land Use and Zoning / Scale and Urban Design
2
This Project conforms to local zoning under a Smart Growth Overlay District. Its use (residential) is compatible with surrounding uses. It is located near single family and multi-family
properties, including one townhouse condominium. By grouping the proposed 20 units into 7 buildings, the mass of each building is similar to surrounding residential properties.
N/A
Soil Suitability / Slope/ Erosion / Drainage and Storm Water Runoff
2
A Stormwater Management Plan has been prepared to demonstrate that run-off from impervious surfaces on the site will be filtered and contained on site. The project does not include
any steep slopes.
N/A
Hazards and Nuisances including Site Safety and Site-Generated Noise
2
The proposed residential use will not create any hazards or nuisances.
N/A
Energy Consumption/Energy Efficiency
1
Superior insulation, energy efficient mechanical systems, and Photovoltaic (PV) solar panels will reduce energy consumption at this property.
N/A
SOCIOECONOMIC
Employment and Income Patterns
1
This project will create new jobs during construction and affordable housing in proximity to local jobs. Job growth will occur through increased levels of property management and maintenance
staff and a part-time Resident Services Coordinator. Additionally, the project is within easy access to the City's rail trail that leads directly downtown.
N/A
Demographic Character Changes / Displacement
1
The Project will increase the economic diversity in Northampton by providing affordable units in a community in which lower income households are often priced out.
N/A
COMMUNITY FACILITIES AND SERVICES
Educational and Cultural Facilities (Access and Capacity)
2
This Project will have minimal direct impact on educational and cultural facilities. A portion of the proposed units (12) are sized for families which may result in a handful of new
students in the local school system. The numeric impact of these potential new students is not substantial.
N/A
Commercial Facilities (Access and Proximity)
2
This Project will not impact commercial facilities.
N/A
Health Care / Social Services (Access and Capacity)
1
Through a new Resident Services Coordinator position, low-income tenants will be provided with case management services and will improve their utilization of community-based health
and social services.
N/A
Solid Waste Disposal and Recycling (Feasibility and Capacity)
2
Solid waste disposal and recycling will be managed using on-site dumpsters and a contract with a reputable waste disposal company. During construction, the general contractor will meet
targets for recycling of demolition and construction waste. There is a recycling center within one mile of the site.
N/A
Waste Water and Sanitary Sewers (Feasibility and Capacity)
2
This Project will make use of City (public) sewer system. The sewer line in Laurel Street was recently upgraded.
N/A
Water Supply (Feasibility and Capacity)
2
This Project will use City (public) water system. Low flow fixtures will conserve water use. A recent hydrant flow test shows that sufficient water for domestic and fire protection
use is available.
N/A
Public Safety - Police, Fire and Emergency Medical
2
This Project does not anticipate any unusual burden on public safety services. By providing hard-wired fire alarms and a sprinkler system, potential fire risk will be minimized.
N/A
Parks, Open Space and Recreation (Access and Capacity)
1
It is expected that some new outdoor amenities will be added that are available to residents and the neighborhood, including a small playground and open lawn area. Additionally, the
project is within 900 ft. of the City's rail trail and 2,000 ft. of a popular conservation area and community gardens.
N/A
Transportation and Accessibility (Access and Capacity)
1
The Project is well located for residents to access public transportation, being on the Pioneer Valley Transit Authority (PVTA) bus line and near to a well-used rail / bike trail. It
is within two miles of junctions with I-91, the primary transportation corridor for the Pioneer Valley. All areas of the site will be universally accessible, and all units will be visitable.
There will be an anticipated 3 handicapped accessible apartments.
N/A
NATURAL FEATURES
Unique Natural Features /Water Resources
2
This is a developed, residential site. There are no unique natural features or water resources on this site.
N/A
Vegetation / Wildlife (Introduction, Modification, Removal, Disruption, etc.)
2
This is a developed, residential site.
N/A
Vegetation / Wildlife (Introduction, Modification, Removal, Disruption, etc.)
2
This is a developed, residential site.
N/A
Other Factors
N/A
Supporting documentation
MESA review letter Northampton.pdf
Traffic Report 23 Laurel St.pdf
Soil Evaluation 23 Laurel St.pdf
Cover letter Fire Flow.pdf
Drainage Report.pdf
23 LaurelPhase I ESA.pdf
Additional Studies Performed:
3/20/20, Endangered Species and Rare Habitat, Div. of Fisheries & Wildlife Consultation 7/20/20, MESA Review and ''no Take'' finding, Div. of Fisheries & Wildlife 1/27/21, Phase
I Environmental Site Assessment,O'Reilly, Talbot, & Okun 5/5/21, Hydrant Flow Test, Berkshire Design Group 8/26/21, Boundary and Topographical Survey, Berkshire Design Group
9/16/21, Site Visit by Wetland Consultant, Heather Comee 5/27 & 6/30/21, Soil Testing, Berkshire Design Group 6/7/22, Traffic Report, Berkshire Design Group
Field Inspection [Optional]: Date and completed by:
List of Sources, Agencies and Persons Consulted [40 CFR 1508.9(b)]:
Northampton Building Department (Zoning Permit Application) Northampton Fire Department Northampton DPW (Stormwater Management Plan) Extensive list of consultations took place as
part of the Phase I Environmental Site Assessment (see Report for full listing). Northampton Dept of Planning & Sustainability Mass Division of Fisheries & Wildlife Community Economic
Development Assistance Corporation (CEDAC) Valley Community Development Real Estate Committee & Board of Directors
List of Permits Obtained:
Stormwater Permit Pending
Public Outreach [24 CFR 58.43]:
Consultation with Abutters / Neighbors: Direct mail to abutters April 15, 2021 Neighborhood Zoom Meetings held on: 4/28/21, 10/13/21, and 6/6/22 Periodic updates via Ward Councilor
Karen Foster's neighborhood listserv Meetings with individual neighbors Stormwater Analysis prepared for four Laurel Street abutter properties by Berkshire Design Group
Cumulative Impact Analysis [24 CFR 58.32]:
N/A
Alternatives [24 CFR 58.40(e); 40 CFR 1508.9]
N/A
No Action Alternative [24 CFR 58.40(e)]
If no action would be taken, this parcel would remain vacant.
Summary of Findings and Conclusions:
Based on the information presented above, this Project will not impose any adverse environmental conditions.
Mitigation Measures and Conditions [CFR 1505.2(c)]:
Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance
with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents. The staff
responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan.
Law, Authority, or Factor
Mitigation Measure or Condition
Comments on Completed Measures
Mitigation Plan
Complete
Conformance with Plans / Compatible Land Use and Zoning / Scale and Urban Design
N/A
N/A
Soil Suitability / Slope/ Erosion / Drainage and Storm Water Runoff
N/A
N/A
Hazards and Nuisances including Site Safety and Site-Generated Noise
N/A
N/A
Energy Consumption/Energy Efficiency
N/A
N/A
Employment and Income Patterns
N/A
N/A
Demographic Character Changes / Displacement
N/A
N/A
Educational and Cultural Facilities (Access and Capacity)
N/A
N/A
Commercial Facilities (Access and Proximity)
N/A
N/A
Health Care / Social Services (Access and Capacity)
N/A
N/A
Solid Waste Disposal and Recycling (Feasibility and Capacity)
N/A
N/A
Waste Water and Sanitary Sewers (Feasibility and Capacity)
N/A
N/A
Water Supply (Feasibility and Capacity)
N/A
N/A
Public Safety - Police, Fire and Emergency Medical
N/A
N/A
Parks, Open Space and Recreation (Access and Capacity)
N/A
N/A
Transportation and Accessibility (Access and Capacity)
N/A
N/A
Unique Natural Features /Water Resources
N/A
N/A
Vegetation / Wildlife (Introduction, Modification, Removal, Disruption, etc.)
N/A
N/A
Project Mitigation Plan
This project is in compliance with all related laws and authorities and therefore no compliance is required. No mitigation measures are required.
Supporting documentation on completed measures
APPENDIX A: Related Federal Laws and Authorities
Airport Hazards
General policy
Legislation
Regulation
It is HUD’s policy to apply standards to prevent incompatible development around civil airports and military airfields.
24 CFR Part 51 Subpart D
1. To ensure compatible land use development, you must determine your site’s proximity to civil and military airports. Is your project within 15,000 feet of a military airport or 2,500
feet of a civilian airport?
(
No
Based on the response, the review is in compliance with this section. Document and upload the map showing that the site is not within the applicable distances to a military or civilian
airport below
Yes
Screen Summary
Compliance Determination
The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements. No airport within
close proximity. Northampton Airport is approximately 2.5 miles from project site. Only small, non-commercial planes use this airport. Noise from planes does not impact this site.
Supporting documentation
LaurelStreet_airport(1).pdf
Are formal compliance steps or mitigation required?
Yes
(
No
Coastal Barrier Resources
General requirements
Legislation
Regulation
HUD financial assistance may not be used for most activities in units of the Coastal Barrier Resources System (CBRS). See 16 USC 3504 for limitations on federal expenditures affecting
the CBRS.
Coastal Barrier Resources Act (CBRA) of 1982, as amended by the Coastal Barrier Improvement Act of 1990 (16 USC 3501)
Is the project located in a CBRS Unit?
(
No
Document and upload map and documentation below.
Yes
Compliance Determination
This project is not located in a CBRS Unit. Therefore, this project has no potential to impact a CBRS Unit and is in compliance with the Coastal Barrier Resources Act.
Supporting documentation
CoastalBarrierResourcesState.pdf
Are formal compliance steps or mitigation required?
Yes
(
No
Flood Insurance
General requirements
Legislation
Regulation
Certain types of federal financial assistance may not be used in floodplains unless the community participates in National Flood Insurance Program and flood insurance is both obtained
and maintained.
Flood Disaster Protection Act of 1973 as amended (42 USC 4001-4128)
24 CFR 50.4(b)(1) and 24 CFR 58.6(a) and (b); 24 CFR 55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
(
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section.
Yes
4. While flood insurance is not mandatory for this project, HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program
(NFIP). Will flood insurance be required as a mitigation measure or condition?
Yes
No
Screen Summary
Compliance Determination
According to FEMA Flood Map #250167 0002A dated April 3, 1978, the subject lies in a Zone C and so is not within a 100 year or 500-year floodplain. Based on the project description the
project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood
insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project
is in compliance with Flood Insurance requirements. This project will occur on an undeveloped property.
Supporting documentation
LaurelStreet_FIRM.pdf
Are formal compliance steps or mitigation required?
Yes
(
No
Air Quality
General requirements
Legislation
Regulation
The Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), which sets national standards on ambient pollutants. In addition, the Clean Air Act is administered
by States, which must develop State Implementation Plans (SIPs) to regulate their state air quality. Projects funded by HUD must demonstrate that they conform to the appropriate SIP.
Clean Air Act (42 USC 7401 et seq.) as amended particularly Section 176(c) and (d) (42 USC 7506(c) and (d))
40 CFR Parts 6, 51 and 93
1. Does your project include new construction or conversion of land use facilitating the development of public, commercial, or industrial facilities OR five or more dwelling units?
Yes
(
No
Based on the response, the review is in compliance with this section.
Screen Summary
Compliance Determination
Based on the project description, this project includes no activities that would require further evaluation under the Clean Air Act. The project is in compliance with the Clean Air Act.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Coastal Zone Management Act
General requirements
Legislation
Regulation
Federal assistance to applicant agencies for activities affecting any coastal use or resource is granted only when such activities are consistent with federally approved State Coastal
Zone Management Act Plans.
Coastal Zone Management Act (16 USC 1451-1464), particularly section 307(c) and (d) (16 USC 1456(c) and (d))
15 CFR Part 930
1. Is the project located in, or does it affect, a Coastal Zone as defined in your state Coastal Management Plan?
Yes
(
No
Based on the response, the review is in compliance with this section. Document and upload all documents used to make your determination below.
Screen Summary
Compliance Determination
This project is not located in or does not affect a Coastal Zone as defined in the state Coastal Management Plan. The project is in compliance with the Coastal Zone Management Act.
Supporting documentation
CoastalBarrierResourcesState(1).pdf
Are formal compliance steps or mitigation required?
Yes
(
No
Contamination and Toxic Substances
General requirements
Legislation
Regulations
It is HUD policy that all properties that are being proposed for use in HUD programs be free of hazardous materials, contamination, toxic chemicals and gases, and radioactive substances,
where a hazard could affect the health and safety of the occupants or conflict with the intended utilization of the property.
24 CFR 58.5(i)(2)
24 CFR 50.3(i)
1. How was site contamination evaluated? Select all that apply. Document and upload documentation and reports and evaluation explanation of site contamination below.
(
American Society for Testing and Materials (ASTM) Phase I Environmental Site Assessment (ESA)
ASTM Phase II ESA
Remediation or clean-up plan
ASTM Vapor Encroachment Screening
None of the Above
2. Were any on-site or nearby toxic, hazardous, or radioactive substances found that could affect the health and safety of project occupants or conflict with the intended use of the
property? (Were any recognized environmental conditions or RECs identified in a Phase I ESA and confirmed in a Phase II ESA?)
(
No
Explain:
Phase I ESA by OTO, prepared on January 27, 2021, found no Reportable Environmental Conditions (RECs), no Historical RECs, and no Controlled RECs. No Recognized Environmental Conditions
(RECs) as defined by ASTM Standard E1527-13, have been identified in connection with the Site. A review of database information, MassDEP files, and local records identified no reported
on-Site or off-Site releases of oils or hazardous materials with the potential to impact Site soil or groundwater to levels of regulatory significance.
Based on the response, the review is in compliance with this section.
Yes
Screen Summary
Compliance Determination
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Endangered Species
General requirements
ESA Legislation
Regulations
Section 7 of the Endangered Species Act (ESA) mandates that federal agencies ensure that actions that they authorize, fund, or carry out shall not jeopardize the continued existence
of federally listed plants and animals or result in the adverse modification or destruction of designated critical habitat. Where their actions may affect resources protected by the
ESA, agencies must consult with the Fish and Wildlife Service and/or the National Marine Fisheries Service (“FWS” and “NMFS” or “the Services”).
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); particularly section 7 (16 USC 1536).
50 CFR Part 402
1. Does the project involve any activities that have the potential to affect specifies or habitats?
(
No, the project will have No Effect due to the nature of the activities involved in the project.
This selection is only appropriate if none of the activities involved in the project have potential to affect species or habitats. Examples of actions without potential to affect listed
species may include: purchasing existing buildings, completing interior renovations to existing buildings, and replacing exterior paint or siding on existing buildings.
Based on the response, the review is in compliance with this section.
No, the project will have No Effect based on a letter of understanding, memorandum of agreement, programmatic agreement, or checklist provided by local HUD office
Yes, the activities involved in the project have the potential to affect species and/or habitats.
Screen Summary
Compliance Determination
This project will have No Effect on listed species due to the nature of the activities involved in the project. This project is in compliance with the Endangered Species Act.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Explosive and Flammable Hazards
General requirements
Legislation
Regulation
HUD-assisted projects must meet Acceptable Separation Distance (ASD) requirements to protect them from explosive and flammable hazards.
N/A
24 CFR Part 51 Subpart C
1. Is the proposed HUD-assisted project itself the development of a hazardous facility (a facility that mainly stores, handles or processes flammable or combustible chemicals such as
bulk fuel storage facilities and refineries)?
(
No
Yes
2. Does this project include any of the following activities: development, construction, rehabilitation that will increase residential densities, or conversion?
(
No
Based on the response, the review is in compliance with this section.
Yes
Screen Summary
Compliance Determination
None identified in Phase 1 ESA. Based on the project description the project includes no activities that would require further evaluation under this section. The project is in compliance
with explosive and flammable hazard requirements.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Farmlands Protection
General requirements
Legislation
Regulation
The Farmland Protection Policy Act (FPPA) discourages federal activities that would convert farmland to nonagricultural purposes.
Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.)
7 CFR Part 658
1. Does your project include any activities, including new construction, acquisition of undeveloped land or conversion, that could convert agricultural land to a non-agricultural use?
Yes
(
No
If your project includes new construction, acquisition of undeveloped land or conversion, explain how you determined that agricultural land would not be converted:
Land is not agricultural.
Based on the response, the review is in compliance with this section. Document and upload all documents used to make your determination below.
Screen Summary
Compliance Determination
This project does not include any activities that could potentially convert agricultural land to a non-agricultural use. The project is in compliance with the Farmland Protection Policy
Act.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Floodplain Management
General Requirements
Legislation
Regulation
Executive Order 11988, Floodplain Management, requires federal activities to avoid impacts to floodplains and to avoid direct and indirect support of floodplain development to the extent
practicable.
Executive Order 11988
24 CFR 55
1. Do any of the following exemptions apply? Select the applicable citation? [only one selection possible]
55.12(c)(3)
55.12(c)(4)
55.12(c)(5)
55.12(c)(6)
55.12(c)(7)
55.12(c)(8)
55.12(c)(9)
(
55.12(c)(10)
55.12(c)(11)
None of the above
Based on the response, the review is in compliance with this section.
Screen Summary
Compliance Determination
Flood maps, discussed above, show that this site in not within the 100 nor the 500 year floodplains. No floodplain management is necessary. The following exception applies, so the project
is in compliance with Executive Order 11988: 55.12(c)(10), special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility
to elderly and persons with disabilities.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Historic Preservation
General requirements
Legislation
Regulation
Regulations under Section 106 of the National Historic Preservation Act (NHPA) require a consultative process to identify historic properties, assess project impacts on them, and avoid,
minimize, or mitigate adverse effects
Section 106 of the National Historic Preservation Act
(16 U.S.C. 470f)
36 CFR 800 “Protection of Historic Properties” https://www.govinfo.gov/content/pkg/CFR-2012-title36-vol3/pdf/CFR-2012-title36-vol3-part800.pdf
Threshold
Is Section 106 review required for your project?
No, because the project consists solely of activities listed as exempt in a Programmatic Agreement (PA ). (See the PA Database to find applicable PAs.)
(
No, because the project consists solely of activities included in a No Potential to Cause Effects memo or other determination [36 CFR 800.3(a)(1)].
Yes, because the project includes activities with potential to cause effects (direct or indirect).
Threshold (b). Document and upload the memo or explanation/justification of the other determination below:
There is no structure left on the parcel. It was torn down in the 1990's.
Based on the response, the review is in compliance with this section.
Screen Summary
Compliance Determination
Based on the project description the project has No Potential to Cause Effects. The project is in compliance with Section 106.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Noise Abatement and Control
General requirements
Legislation
Regulation
HUD’s noise regulations protect residential properties from excessive noise exposure. HUD encourages mitigation as appropriate.
Noise Control Act of 1972
General Services Administration Federal Management Circular 75-2: “Compatible Land Uses at Federal Airfields”
Title 24 CFR 51 Subpart B
1. What activities does your project involve? Check all that apply:
New construction for residential use
Rehabilitation of an existing residential property
A research demonstration project which does not result in new construction or reconstruction
An interstate land sales registration
Any timely emergency assistance under disaster assistance provision or appropriations which are provided to save lives, protect property, protect public health and safety, remove debris
and wreckage, or assistance that has the effect of restoring facilities substantially as they existed prior to the disaster
(
None of the above
Screen Summary
Compliance Determination
No abutting or nearby uses generate excessive noise. Abutters are primarily residential, with one technology manufacturing company adjacent. The proposed residential use will not general
excessive noise. Based on the project description, this project includes no activities that would require further evaluation under HUD's noise regulation. The project is in compliance
with HUD's Noise regulation.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Sole Source Aquifers
General requirements
Legislation
Regulation
The Safe Drinking Water Act of 1974 protects drinking water systems which are the sole or principal drinking water source for an area and which, if contaminated, would create a significant
hazard to public health.
Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300f et seq., and 21 U.S.C. 349)
40 CFR Part 149
1. Does the project consist solely of acquisition, leasing, or rehabilitation of an existing building(s)?
Yes
(
No
2. Is the project located on a sole source aquifer (SSA)?
A sole source aquifer is defined as an aquifer that supplies at least 50 percent of the drinking water consumed in the area overlying the aquifer. This includes streamflow source areas,
which are upstream areas of losing streams that flow into the recharge area.
(
No
Based on the response, the review is in compliance with this section. Document and upload documentation used to make your determination, such as a map of your project (or jurisdiction,
if appropriate) in relation to the nearest SSA and its source area, below.
Yes
Screen Summary
Compliance Determination
The project is not located on a sole source aquifer area. The project is in compliance with Sole Source Aquifer requirements.
Supporting documentation
SoleSourceAquiferNOHO.pdf
Are formal compliance steps or mitigation required?
Yes
(
No
Wetlands Protection
General requirements
Legislation
Regulation
Executive Order 11990 discourages direct or indirect support of new construction impacting wetlands wherever there is a practicable alternative. The Fish and Wildlife Service’s National
Wetlands Inventory can be used as a primary screening tool, but observed or known wetlands not indicated on NWI maps must also be processed Off-site impacts that result in draining,
impounding, or destroying wetlands must also be processed.
Executive Order 11990
24 CFR 55.20 can be used for general guidance regarding the 8 Step Process.
1. Does this project involve new construction as defined in Executive Order 11990, expansion of a building’s footprint, or ground disturbance? The term "new construction" shall include
draining, dredging, channelizing, filling, diking, impounding, and related activities and any structures or facilities begun or authorized after the effective date of the Order
(
No
Based on the response, the review is in compliance with this section.
Yes
Screen Summary
Compliance Determination
Based on the project description this project includes no activities that would require further evaluation under this section. The project is in compliance with Executive Order 11990.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Wild and Scenic Rivers Act
General requirements
Legislation
Regulation
The Wild and Scenic Rivers Act provides federal protection for certain free-flowing, wild, scenic and recreational rivers designated as components or potential components of the National
Wild and Scenic Rivers System (NWSRS) from the effects of construction or development.
The Wild and Scenic Rivers Act (16 U.S.C. 1271-1287), particularly section 7(b) and (c) (16 U.S.C. 1278(b) and (c))
36 CFR Part 297
1. Is your project within proximity of a NWSRS river?
(
No
Yes, the project is in proximity of a Designated Wild and Scenic River or Study Wild and Scenic River.
Yes, the project is in proximity of a Nationwide Rivers Inventory (NRI) River.
Screen Summary
Compliance Determination
This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act.
Supporting documentation
ScenicRiversNOHO.png
Are formal compliance steps or mitigation required?
Yes
(
No
Environmental Justice
General requirements
Legislation
Regulation
Determine if the project creates adverse environmental impacts upon a low-income or minority community. If it does, engage the community in meaningful participation about mitigating
the impacts or move the project.
Executive Order 12898
HUD strongly encourages starting the Environmental Justice analysis only after all other laws and authorities, including Environmental Assessment factors if necessary, have been completed.
1. Were any adverse environmental impacts identified in any other compliance review portion of this project’s total environmental review?
Yes
(
No
Based on the response, the review is in compliance with this section.
Screen Summary
Compliance Determination
This Project will benefit low- and moderate- income persons by providing safe, health, affordable housing in a desirable community and neighborhood. It will allow low-income community
members to live in energy efficient housing using alternative energy sources. No adverse environmental impacts were identified in the project's total environmental review. The project
is in compliance with Executive Order 12898.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No