CDBG_-_Policies_-_Environmental_Reviews_-_REV_04.02.2024.pdf

CDBG/HOME PROGRAM

POLICY AND PROCEDURES MANUAL

SUBJECT: ENVIRONMENTAL REVIEW POLICY AND PROCEDURES

PURPOSE

An environmental review is the process of reviewing a project and its potential environmental impacts to determine whether it complies with the National Environmental Policy Act (NEPA) and related laws and authorities. All HUD-assisted projects are required to undergo an environmental review to evaluate environmental impacts. The analysis includes both how the project can affect the environment and how the environment can affect the project, site, and end users.

An environmental review must be performed before any funds, regardless of source, are committed to a project.

Documentation of the environmental review should be maintained in the environmental review record. This record contains the description of all activities that are part of the project and an evaluation of the effects of the project on the human environment and vice versa. This record should be made available for public review.

POLICY

CDBG/HOME Staff may not commit HUD assistance funds until it has complied with the environmental review regulations at 24 CFR Part 58. The environmental review shall include, but not be limited to, ascertaining the project’s effect on: noise, thermal, and man-made hazards;

endangered species; fish and wildlife protection; historic properties; floodplains; and air and water pollution.

In fulfillment of the above:

A. CDBG/HOME Staff will conduct an environmental review to ascertain the environmental status of the project and the types of procedures (the conditions), if any, the subrecipient must follow in order to comply with the intent of the National Environmental Policy Act of 1969, and applicable Federal, State, and local regulations.

B. CDBG/HOME Staff will not release funds for projects that require an Environmental

Assessment or an Environmental Impact Statement, nor will the subrecipient obligate HUD funds on the project until the CDBG/HOME staff has obtained a certification for the release of funds from HUD. CDBG/HOME Staff will notify the subrecipient of such a certification and will outline either within Schedule A of their respective Agreement, or in a subsequent written communication, the conditions, if any, for environmental compliance.

C. CDBG/HOME Staff and the subrecipient will not commit or spend HUD or non-HUD funds on any activity that could have an adverse environmental impact or limit the choice of reasonable alternatives prior to completion of an environment review once a project has become “federal”.

This prohibition on “choice-limiting actions” prohibits physical activity, including acquisition, rehabilitation, and construction, as well as contracting for or committing to any of these actions.

(HUD’s regulations at 24 CFR 58.22)

D. The subrecipient will notify the COUNTY CDBG/HOME Program of newly discovered conditions or changes in the project which would affect the status of the project in regard to applicable federal and COUNTY regulations.

E. The subrecipient will allow inspection of the project by the County or its agents and shall fully cooperate with the CDBG/HOME Staff.

PROJECT DESCRIPTION

A complete and clear project description is the foundation of the environmental review process.

The project description should provide location specific information and geographic boundaries, as well as a delineation of all activities included in the overall scope of the project.

The project description should capture the maximum anticipated scope of the proposal, not just a single activity that the money is going toward. It should include all contemplated actions that are a composite part of the project. Activities should be aggregated according to the regulations at 58.32, which says that a responsible entity must group together and evaluate as a single project all individual activities which are related either on the geographical or functional basis, or both, or are logical parts of a composite of contemplated actions.

The project description for the environmental review may not be identical to the description of the project and activities used by the funding program, as the project description in the environmental review may consider activities not financed by HUD.

If the project or environmental review contains information that can be considered sensitive, such as the location of a domestic violence shelter, sacred site, or endangered species habitat, omit that information from the publicly reviewable environmental review record.

LEVEL OF REVIEW / FLOWCHART

Once the scope of the project is known, CDBG/HOME staff will determine the appropriate level of environmental review. The CDBG/HOME staff will use the Part 58 Flowchart (https://www.hudexchange.info/programs/environmental-review/orientation-to-environmental-revies/#part-58-flowchart) as a tool to walk through the main steps for each level of environmental review under Part 58.

https://www.hudexchange.info/programs/environmental-review/orientation-to-environmental-revies/#part-58-flowchart https://www.hudexchange.info/programs/environmental-review/orientation-to-environmental-revies/#part-58-flowchart

Environmental Review Procedures – 24 CFR 58

Responsibility Action

Program Specialist 1. When notified of an ER request, notify the subrecipient in writing to cease all actions on the activity until the Environmental Review is complete and a Notice to Proceed is issued.

2. Determine whether the HUD assistance falls under a Part 50 or Part 58 environmental review.

Dane County is the Responsible Entity so in most cases Part 58 will apply.

3. Draft a complete and clear project description of the project to include: location specific information and geographic boundaries as well as a delineation of all activities included in the overall scope of the project. Capture the maximum anticipated scope of the proposal, not just a single activity that the money is going toward.

4. Determine the appropriate level of environmental review. (Exempt, CENST, CEST, EA, EIS)

5. Send the project description and level of review to Project Coordinator.

EXEMPT AND CATEGORICALLY EXCLUDED, NOT SUBJECT TO SECTION 58.5

Project Coordinator 6. Complete the ‘ER Checklist for Exempt or

Categorically Excluded Not Subject to Section 58.5’ template.

7. Complete the ‘ER for Activity-Project Exempt or CENST Section 58.5’ template.

8. If no mitigation measures and conditions are needed, then sign the activity sheet and send it to the respective Program Specialist.

9. If mitigation measures and conditions are needed, then inform the Program Specialist and sign the activity sheet.

Program Specialist

10. If no mitigation measures and conditions are needed, then review all supporting documents, checklist and activity sheet. If no changes are needed, sign the activity sheet and notify the subrecipient with a ‘Notice to Proceed’.

11. If mitigation measures and conditions are needed, then it must be incorporated into the project contract, development agreements, and other relevant documents. Program Specialist is responsible for implementing and monitoring mitigation measures clearly identified in the mitigation plan.

12. Save all ERR documents in their respective files.

CATEGORICALLY EXCLUDED, SUBJECT TO 58.5

Project Coordinator 13. If new construction is involved, send an email request to the ER Vendor so that they may conduct the Environmental Review. Skip to step 16.

14. Complete the ‘ER Checklist for Categorically Excluded Subject to Section 58.5’ template.

15. Complete the ‘ER for Activity-Project CEST Section 58.5’ template.

16. Determine which of the three instances the activity identifies as: 1) Activity-Project converts to Exempt because there are no circumstances which require compliance. Funds may be committed and drawn down after certification for this EXEMPT project; 2) Activity-Project cannot convert to exempt because there are circumstances which require compliance with one or more federal laws and authorities cited at 58.5.

Complete consultation/mitigation protocol requirements, publish NOI/RROF and obtain “Authority to use Grant Funds” (HUD 7015.16) per Section 58.70 and 58.71 before committing or drawing down any funds; and 3) This project is now subject to a full Environmental Assessment according to Part 58 Subpart E due to extraordinary circumstances (Section 58.35(c))

17. If the project was converted to exempt, then sign the activity sheet and send it to the respective Program Specialist.

18. If the project was not converted to exempt, notify the Program Specialist so that the appropriate level of review is applied.

Program Specialist 19. If the project was converted to exempt, then review all supporting documents, checklist and activity sheet. If no changes are needed, sign the activity sheet and notify the subrecipient with a ‘Notice to Proceed’.

20. If the project was not converted, then follow the appropriate level of review as identified.

21. If NOI/RROF is needed, then contact the CDBG/RLF Administrator for publishing and submission.

CDBG/RLF Administrator 22. To comply with the 7/10 days public notice (publish/post & mail), the information will be published in the Wisconsin State Journal.

Typically newspaper needs a lead time of 5 days for publication. Proof of publication is required.

23. Draft RROF (HUD form 7015.15) for County Executive’s signature. Submit to HUD – ERR Officer once signed.

24. Upon receiving notice that HUD has released funds (HUD Form 7015.16), the notice will be forward to the appropriate Program Specialist.

Program Specialist 25. Provides a Notice to Proceed to the subrecipient.

26. Save all ERR documents in their respective files.

ENVIRONMENTAL ASSESSMENT (EA) & ENVIRONMENTAL IMPACT STATEMENT (EIS)

Project Coordinator 27. Send an email request to the ER Vendor so that they may conduct the Environmental Assessment.

Email must include request for quote for work.

28. Review quote for work. If amount exceeds purchasing thresholds discuss of next steps with Program Specialist, CDBG/RLF Administrator, and HAA Program Manager.

29. Review documentation and determine which of the two instances the activity identifies as: 1) Finding of No Significant Impact; 2) Finding of Significant Impact.

30. Sign the activity sheet and notify the respective Program Specialist and CDBG/RLF Administrator.

Program Specialist 31. Review the supporting documentation and sign the activity sheet.

32. Contact the CDBG/RLF Administrator so the information is published.

CDBG/RLF Administrator 33. If Finding of No Significant Impact is made, publish combined NOI/RROF and Notice of FONSI for 15 days (18 days if posted/mailed).

The information will be published in the Wisconsin State Journal. Typically newspaper needs a lead time of 5 days for publication. Proof of publication is required.

34. After completion of public comment period, draft RROF (HUD form 7015.15) for County Executive’s signature. Submit to HUD – ERR Officer once signed.

35. Upon receiving notice that HUD has released funds (HUD Form 7015.16), the notice will be forwarded to the appropriate Program Specialist.

36. If Finding of Significant Impact made, then it is required to do an Environmental Impact Statement (EIS).

37. Publish Notice of Intent to Prepare EIS in the Wisconsin State Journal. Typically newspaper needs a lead time of 5 days for publication. Proof of publication is required.

38. Prepare and publish DRAFT EIS.

39. Prepare and publish FINAL EIS.

https://dcinet-purchasing.connect2dane.com/

Appendix A: Resource List for Environmental Reviews

An environmental review is the process of reviewing a project and its potential environmental impacts to determine whether it meets federal, state, and local environmental standards. The environmental review process is required for all HUD-assisted projects to ensure that the proposed project does not negatively impact the surrounding environment and that the property site itself will not have an adverse environmental or health effect on end users. Dane County staff should use the following resource list when conducting the appropriate environmental review in conjunction with the ER worksheets and/or HEROS system:

Exempt / Categorically Excluded Not Subject to Section 58.5 (CENST)

1. Airport Hazards [24 CFR Part 51, Subpart D] Guidance: https://www.hudexchange.info/environmental-review/airport-hazards/ Resource: https://earth.google.com/web/ Documentation: Download a PDF showing the straight-line distance from the activity location and any nearby civil/military airports. If the project is within 15,000 feet of a military airport or 2,500 feet of a civilian airport, consult with Dane County Airport to ensure the location is not within the Runway Potential Zone/Clear Zone (RPZ/CZ) or Accident Potential Zone (APZ).

2. Coastal Barrier Resources Guidance: https://www.hudexchange.info/environmental-review/coastal-barrier-resources Resource: https://fwsprimary.wim.usgs.gov/cbrs-mapper-v2/ Documentation: Download a copy of the CBRS Map showing that Dane County is not near a coastal barrier.

3. Flood Insurance [24 CFR 50.4(b)(1) and 24 CFR 58.6(a) and (b); 24 CFR 55.1(b) Guidance: https://www.hudexchange.info/programs/environmental-review/flood-insurance/ Resource: https://msc.fema.gov/portal/home Documentation: Download the FIRMette map to determine if the activity is within a FEMA-designated Special Flood Hazard Area.

Categorically Excluded Subject to Section 58.5 (CEST)

1. Airport Hazards [24 CFR Part 51, Subpart D] Guidance: https://www.hudexchange.info/environmental-review/airport-hazards/ Resource: https://earth.google.com/web/ Documentation: Download a PDF showing the straight-line distance from the activity location and any nearby civil/military airports. If the project is within 15,000 feet of a military airport or 2,500 feet of a civilian airport, consult with Dane County Airport to ensure the location is not within the Runway Potential Zone/Clear Zone (RPZ/CZ) or Accident Potential Zone (APZ).

2. Coastal Barrier Resources Guidance: https://www.hudexchange.info/environmental-review/coastal-barrier-resources Resource: https://fwsprimary.wim.usgs.gov/cbrs-mapper-v2/ Documentation: Download a copy of the CBRS Map showing that Dane County is not near a coastal barrier.

https://www.hudexchange.info/environmental-review/airport-hazards/ https://earth.google.com/web/ https://fwsprimary.wim.usgs.gov/cbrs-mapper-v2/ https://www.hudexchange.info/programs/environmental-review/flood-insurance/ https://www.hudexchange.info/programs/environmental-review/flood-insurance/ https://msc.fema.gov/portal/home https://www.hudexchange.info/environmental-review/airport-hazards/ https://earth.google.com/web/ https://fwsprimary.wim.usgs.gov/cbrs-mapper-v2/

3. Flood Insurance

[24 CFR 50.4(b)(1) and 24 CFR 58.6(a) and (b); 24 CFR 55.1(b) Guidance: https://www.hudexchange.info/programs/environmental-review/flood-insurance/ Resource: https://msc.fema.gov/portal/home Documentation: Download the FIRMette map to determine if the activity is within a FEMA-designated Special Flood Hazard Area.

4. Air Quality [40 CFR Parts 6, 51, 93] Guidance: https://www.hudexchange.info/environmental-review/air-quality/ Resource: https://www3.epa.gov/airquality/greenbook/map/mapnpoll.pdf Documentation: Download a copy of the County Designated “Nonattainment” Map showing that Dane County is not near a county designated as ‘nonattainment’.

5. Coastal Zone Management Act [16 U.S.C. 1451, §§ 307 (c), (d)] Guidance: https://www.hudexchange.info/environmental-review/coastal-zone-management/ Resource: https://doa.wi.gov/DIR/Coastal_County-Map.pdf Documentation: Download a copy of the Coastal Zone Map showing that Dane County is not near a coastal zone.

6. Contamination and Toxic Substances [24 CFR Part 58, § 5(i)(2)] Guidance: http://www.epa.gov/enviro/facts/multisystem.html Resource: https://nepassisttool.epa.gov/nepassist/nepamap.aspx Documentation: Determine if Toxic Releases, Superfund, or Brownfields are within 0.5 miles from the activity location. If so, download a copy of the facility report.

7. Endangered Species Act [50 CFR Part 402] Guidance: https://www.hudexchange.info/environmental-review/endangered-species/ Resource: https://ecos.fws.gov/ecp/report/species-listings-by-state?stateAbbrev=WI&stateName=Wisconsin&statusCategory=Listed https://www.fws.gov/midwest/endangered/lists/wisc-cty.html Documentation: Review the activity type and the endangered list to determine of any negative effects would occur as a result. Save a copy of the list and document findings within worksheet/HEROS system.

8. Explosive and Flammable Operations [24 CFR Part 51, Subpart C] Guidance: https://www.hudexchange.info/environmental-review/explosive-and-flammable-facilities/ Resource: https://earth.google.com/web/ https://dnrmaps.wi.gov/H5/?viewer=rrsites https://mydatcp.wi.gov/Home/ServiceDetails/4a171523-04c7-e611-80f6- 0050568c4f26?Key=Services_Group https://www.hudexchange.info/programs/environmental-review/flood-insurance/ https://www.hudexchange.info/programs/environmental-review/flood-insurance/ https://msc.fema.gov/portal/home https://www.hudexchange.info/environmental-review/air-quality/ https://www3.epa.gov/airquality/greenbook/map/mapnpoll.pdf https://www.hudexchange.info/environmental-review/coastal-zone-management/ https://www.hudexchange.info/environmental-review/coastal-zone-management/ https://doa.wi.gov/DIR/Coastal_County-Map.pdf http://www.epa.gov/enviro/facts/multisystem.html https://nepassisttool.epa.gov/nepassist/nepamap.aspx https://www.hudexchange.info/environmental-review/endangered-species/ https://ecos.fws.gov/ecp/report/species-listings-by-state?stateAbbrev=WI&stateName=Wisconsin&statusCategory=Listed https://ecos.fws.gov/ecp/report/species-listings-by-state?stateAbbrev=WI&stateName=Wisconsin&statusCategory=Listed https://www.fws.gov/midwest/endangered/lists/wisc-cty.html https://www.hudexchange.info/environmental-review/explosive-and-flammable-facilities/ https://www.hudexchange.info/environmental-review/explosive-and-flammable-facilities/ https://earth.google.com/web/ https://dnrmaps.wi.gov/H5/?viewer=rrsites https://mydatcp.wi.gov/Home/ServiceDetails/4a171523-04c7-e611-80f6-0050568c4f26?Key=Services_Group https://mydatcp.wi.gov/Home/ServiceDetails/4a171523-04c7-e611-80f6-0050568c4f26?Key=Services_Group

Documentation: Determine if explosive and flammable facilities are within 0.5 miles from the activity location. Map straight line distance and download the PDF from the WI DNR site.

9. Farmland Protection Policy Act [7 CFR Part 658] Guidance: https://www.hudexchange.info/environmental-review/farmlands-protection/ Resource: https://earth.google.com/web/ Documentation: Review the activity type to determine if any agricultural land will be converted to non-agricultural use. Download the image of existing activity location and save with ERR.

10. Floodplain Management [Executive Order11988; 24 CFR Part 55] Guidance: https://www.hudexchange.info/environmental-review/floodplain-management/ Resource:

https://msc.fema.gov/portal/home Documentation: Download the FIRMette map to determine if the activity is within a FEMA-designated Special Flood Hazard Area.

11. Historic Preservation [36 CFR Part 800] [Section 106] Guidance: https://www.hudexchange.info/environmental-review/historic-preservation/ Resource:

https://www.wisconsinhistory.org/Records/Article/CS15309 https://store.usgs.gov/map-locator (used with for potential historic properties) Documentation: Determine if the project consists solely of activities included in a No Potential to Cause Effects memo or other determination as defined in 36 CFR 800.3(a)(1). Download the findings from the WI History website and save in ERR.

If the project includes activities with potential to cause effects (direct or indirect), consult with the Wisconsin SHPO and tribal consultation. [See Appendix B: Section 106 Consultation]

12. Noise Abatement and Control [24 CFR Part 51, Subpart B] Guidance: https://www.hudexchange.info/programs/environmental-review/noise-abatement-and-control/ Resource:

https://www.google.com/maps Documentation: Determine the activity type and download all supporting documents referencing compliance with the worksheet ‘Noise’ requirements.

13. Sole Source Aquifers [40 CFR Part 149] Guidance: https://www.hudexchange.info/environmental-review/sole-source-aquifers/ Resource:

https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=9ebb047ba3ec41ada187 7155fe31356b Documentation: Download a PDF showing that Dane County is not near a sole source aquifer.

https://www.hudexchange.info/environmental-review/farmlands-protection/ https://earth.google.com/web/ https://www.hudexchange.info/environmental-review/floodplain-management/ https://msc.fema.gov/portal/home https://www.hudexchange.info/environmental-review/historic-preservation/ https://www.wisconsinhistory.org/Records/Article/CS15309 https://store.usgs.gov/map-locator https://www.google.com/maps https://www.hudexchange.info/environmental-review/sole-source-aquifers/ https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=9ebb047ba3ec41ada1877155fe31356b https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=9ebb047ba3ec41ada1877155fe31356b

14. Wetland Protection [Executive Order 11990; 3 CFR, §§ 2, 5] Guidance: https://www.hudexchange.info/environmental-review/wetlands-protection/ Resource:

https://www.fws.gov/wetlands/data/mapper.HTML Documentation: Download the wetland map to determine if the activity will disturb any wetlands.

15. Wild and Scenic Rivers Act [16 U.S.C. 1271, §§ 7(b), (c)] Guidance: https://www.hudexchange.info/environmental-review/wild-and-scenic-rivers/ Resource:

https://www.rivers.gov/wisconsin.php Documentation: Download a copy of the Wild and Scenic Rivers Map showing that Dane County is not near a wild or scenic river.

16. Environmental Justice [Executive Order 12898] Guidance: https://www.hudexchange.info/environmental-review/environmental-justice/ Resource:

https://www.epa.gov/environmentaljustice Documentation: Determine if any adverse environmental impacts were identified in any of the compliance areas listed above. If they were, determine if any adverse environmental impacts disproportionately high for low-income and/or minority communities. Save the PDF from the EPA Environmental Justice website documenting the information.

Appendix B: Section 106 Review and Consultation Process

1. Determine Historic Eligibility or Listing Dane County staff will determine whether the property affected by the action is listed or eligible to be listed in the State of Wisconsin or National Register of Historic Places (NR).

https://www.hudexchange.info/environmental-review/wetlands-protection/ https://www.fws.gov/wetlands/data/mapper.HTML https://www.hudexchange.info/environmental-review/wild-and-scenic-rivers/ https://www.rivers.gov/wisconsin.php https://www.hudexchange.info/environmental-review/environmental-justice/ https://www.epa.gov/environmentaljustice

The Section 106 Process

After determining the need to do a Section 106 review, initiate consultation with regulatory and other interested parties, identify and evaluate historic properties, assess effects of the project on properties listed on or eligible for the National Register of Historic Places, and resolve any adverse effects through project design modifications or mitigation.

Note that consultation continues through all phases of the review.

Step 1: Initiate consultation Step 2: Identify and evaluate historic properties Step 3: Assess effects of the project on historic properties Step 4: Resolve any adverse effects https://www.wisconsinhistory.org/Records/Article/CS2836

2. Will the Action Affect the Property?

Determine if the activity has the potential to cause effects (direct or indirect).

Step 1 - Initiate Consultation The following parties are entitled to participate in Section 106 reviews: Advisory Council on Historic Preservation; Wisconsin State Historic Preservation Officers (SHPOs); federally recognized Indian tribes/Tribal Historic Preservation Officers (THPOs); local governments; and project grantees. The general public and individuals and organizations with a demonstrated interest in a project may participate as consulting parties at the discretion of Dane County or HUD official. Participation varies with the nature and scope of a project. Refer to HUD’s website for guidance on consultation, including the required timeframes for response. Consultation should begin early to enable full consideration of preservation options.

Use the When To Consult With Tribes checklist within Notice CPD-12-006: Process for Tribal Consultation to determine if you should invite tribes to consult on a particular project. Use the Tribal Directory Assessment Tool (TDAT) to identify tribes that may have an interest in the area where the project is located. Note that consultants may not initiate consultation with Tribes.

Consult with the parties listed below (check all that apply):

☐State Historic Preservation Officer (SHPO) ☐Advisory Council on Historic Preservation

☐Indian Tribes, including Tribal Historic Preservation Officers (THPOs) or Native ☐Other Consulting Parties

In the worksheet:

• List all tribes that were consulted and their status of consultation.

• Describe the process of selecting consulting parties and initiating consultation.

Provide all correspondence, notices, and notes (including comments and objections received) and continue to Step 2.

Step 2 - Identify and Evaluate Historic Properties Define the Area of Potential Effect (APE), either by entering the address(es) or providing a map depicting the APE.

https://www.wisconsinhistory.org/Records/Article/CS2836 https://www.hudexchange.info/resource/2448/notice-cpd-12-006-tribal-consultation-under-24-cfr-part-58/ https://www.hudexchange.info/resource/2448/notice-cpd-12-006-tribal-consultation-under-24-cfr-part-58/ https://www.hudexchange.info/resource/2448/notice-cpd-12-006-tribal-consultation-under-24-cfr-part-58/ http://egis.hud.gov/tdat/Tribal.aspx http://egis.hud.gov/tdat/Tribal.aspx

Gather information about known historic properties in the APE. Historic buildings, districts and archeological sites may have been identified in local, state, and national surveys and registers, local historic districts, municipal plans, town and county histories, and local history websites. If not already listed on the National Register of Historic Places, identified properties are then evaluated to see if they are eligible for the National Register.

Refer to HUD’s website for guidance on identifying and evaluating historic properties.

In the worksheet, list historic properties identified and evaluated in the APE.

Every historic property that may be affected by the project should be listed. For each historic property or district, include the National Register status, whether the SHPO has concurred with the finding, and whether information on the site is sensitive.

Provide the documentation (survey forms, Register nominations, concurrence(s) and/or objection(s), notes, and photos) that justify your National Register Status determination.

Was a survey of historic buildings and/or archeological sites done as part of the project?

If the APE contains previously unsurveyed buildings or structures over 50 years old, or there is a likely presence of previously unsurveyed archeological sites, a survey may be necessary. For Archeological surveys, refer to HP Fact Sheet #6, Guidance on Archeological Investigations in HUD Projects.

Step 3 - Assess Effects of the Project on Historic Properties Only properties that are listed on or eligible for the National Register of Historic Places receive further consideration under Section 106. Assess the effect(s) of the project by applying the Criteria of Adverse Effect. (36 CFR 800.5)] Consider direct and indirect effects as applicable as per HUD guidance.

Choose one of the findings below - No Historic Properties Affected, No Adverse Effect, or Adverse Effect; and seek concurrence from consulting parties.

☐ No Historic Properties Affected ☐ No historic properties present.

☐ Historic properties present, but project will have no effect upon them.

If consulting parties concur or fail to respond to user’s request for concurrence, project is in compliance with this section. No further review is required. If consulting parties object, refer to (36 CFR 800.4(d)(1)) and consult further to try to resolve objection(s).

☐ No Adverse Effect

Does the No Adverse Effect finding contain conditions?

☐ Yes

In the worksheet, select all that apply:

☐ Avoidance ☐ Modification of project ☐ Other

Describe conditions in the worksheet. Monitor satisfactory implementation of conditions. Provide concurrence(s) or objection(s) and continue to the Worksheet Summary.

☐ No Provide concurrence(s) or objection(s) and continue to the Worksheet Summary.

If consulting parties concur or fail to respond to user’s request for concurrence, project is in compliance with this section. No further review is required. If https://www.onecpd.info/resource/287/hp-fact-sheet-6-guidance-on-archeological-investigations-in-hud-projects/ https://www.onecpd.info/resource/287/hp-fact-sheet-6-guidance-on-archeological-investigations-in-hud-projects/ http://www.achp.gov/regs-rev04.pdf consulting parties object, refer to (36 CFR 800.5(c)(2)) and consult further to try to resolve objection(s).

☐ Adverse Effect

Document reason for finding:

Copy and paste applicable Criteria into the worksheet with summary and justification.

Criteria of Adverse Effect: 36 CFR 800.5]

Notify the Advisory Council on Historic Preservation of the Adverse Effect and provide the documentation outlined in 36 CFR 800.11(e). The Council has 15 days to decide whether to enter the consultation (Not required for projects covered by a Programmatic Agreement).

Continue to Step 4.

Step 4 - Resolve Adverse Effects Work with consulting parties to try to avoid, minimize or mitigate adverse effects. Refer to HUD guidance and 36 CFR 800.6 and 800.7.

In the worksheet, determine if the Adverse Effects were resolved.

☐ Yes

In the worksheet:

• Describe the resolution of Adverse Effects, including consultation efforts and participation by the Advisory Council on Historic Preservation.

• For the project to be brought into compliance with this section, all adverse impacts must be mitigated. Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation.

• Provide signed Memorandum of Agreement (MOA) or Standard Mitigation Measures Agreement (SMMA).

☐ No

The project must be cancelled unless the “Head of Agency” approves it. Either provide approval from the “Head of Agency” or cancel the project at this location.

In the worksheet:

• Describe the failure to resolve Adverse Effects, including consultation efforts and participation by the Advisory Council on Historic Preservation and “Head of the Agency”.

• Explain in detail the exact conditions or measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation.

• Provide correspondence, comments, documentation of decision, and “Head of Agency” approval.

Appendix C: Radon

The inclusion of Radon as part of the environmental review process applies to projects that are subject to HUD’s contamination regulations at 24 CFR 50.3(i) or 24 CFR 58.5(i). It does not apply to the purchase of single family homes with an FHA-backed mortgage nor Section 184 and Section 184A loan guarantees. Radon must be considered as part of the site contamination analysis for projects that:

• Require an environmental review at the level of Categorically Excluded Subject to 50.4 or

58.5 (“CEST”), Environmental Assessment, or Environmental Impact Statement; and

• Involve structures that are occupied or are intended to be occupied at least four (4) hours a day.

HUD’s contamination policy does not apply to projects that are Exempt or Categorically Excluded Not Subject to 50.4 or 58.5 (“CENST”). For additional exemptions to having to consider radon in the contamination analysis see HUD Notice CPD-23-103 Departmental Policy for Addressing Radon in the Environmental Review Process.

As the Responsible Entity, Dane County follows the most recent U.S. Environmental Protection Agency (EPA) recommendations about assessing the health risk from radon exposure and when to reduce radon levels in indoor air. The EPA recommends homes be fixed if the radon level is 4 pCi/L or more. Because there is no known safe level of exposure to radon, EPA also recommends that Americans consider fixing their home for radon levels between 2 pCi/L and 4 pCi/L. Following EPA recommendations, Dane County requires that all applicable CDBG and HOME funded projects with radon levels of 4 pCi/L or more must be fixed. Projects with radon levels between 2 pCi/L and 4 pCi/L are strongly encouraged to be fixed.

When applicable, the Subrecipient will submit the required Radon testing and mitigation plan at the time the Environmental Review is requested.

Radon Testing Process

Prior to submitting an Environmental Request form, the subrecipient must conduct Radon testing in the project site. It is recommended to follow the American National Standards Institute/American Association of Radon Scientists and Technologists (ANSI/AARST) radon testing standards for single- and multi- family buildings, schools, and large buildings, including those constructed using radon-resistant construction techniques. Where subrecipients are unable to follow ANSI/AARST standards, alternative options as described in HUD Notice CPD-23-103 can be followed where appropriate.

One such alternative includes the do-it-yourself (DIY) radon test kits. DIY may be used to measure radon levels in single-family dwelling homes (buildings that feature 1-4 dwelling units).

In HUD single-family buildings with multiple units, one DIY test kit must be used for each dwelling unit. DIY radon test kits may be available for low cost through Public Health Madison and Dane County.

When using a DIY test kit, there can be quality control issues that affect the quality of the test results. To ensure the DIY test results are as accurate as possible, it is important to read the entire test kit instructions before activating the test device and to follow them fully. The EPA’s Citizen’s Guide to Radon and the ANSI/AARST standard for testing single-family housing are excellent resources for detailed instructions about conducting the radon test, including where to place the test device(s), how to prepare the home (whether to close the windows, turn off fans, the length of time to test), how to document the test process, and interpret the results. HUD encourages that test devices be approved by either the National radon Proficiency Program (NRPP) or National Radon Safety Board (NRSB).

Once testing by the subrecipient has been completed, the testing documentation and if levels are above 4 pCi/L a mitigation plan must be included with the Environmental Review Request. For testing document requirements see Document the Environmental Review Record below. For mitigation plan requirements see Mitigating radon below.

Documenting the Environmental Review Record https://www.hud.gov/sites/dfiles/CPD/documents/CPD_Notice_on_Addressing_Radon_in_the_Environmental_Review_Process.pdf https://www.hud.gov/sites/dfiles/CPD/documents/CPD_Notice_on_Addressing_Radon_in_the_Environmental_Review_Process.pdf https://standards.aarst.org/ https://standards.aarst.org/ https://www.epa.gov/radon/publications-about-radon https://www.epa.gov/radon/publications-about-radon https://nrpp.info/ https://nrpp.info/ https://www.nrsb.org/

Under HUD’s regulations, 24 CFR 58.38(a)(3) or 50.11, HUD, or the RE, is required to document the radon evaluation as part of the contamination analysis in the ERR. For ERRs documented using the HUD Environmental Review Online System (HEROS), document the radon evaluation in the Contamination and Toxic Substances factor Compliance Determination screen and upload supporting documentation.

In instances where radon testing will be conducted but cannot be conducted until after the environmental review record is certified -such as with new construction or certain rehabilitation projects- then the initial documentation would not include a radon evaluation but must include a condition for post-construction radon testing followed by mitigation if needed. The environmental preparer must update the environmental review record with the radon evaluation and proof of any required mitigation when complete.

Acceptable methods to document radon consideration in the ERR include:

• ANSI/AARST standard: Include a copy of the test report and mitigation plan (if applicable) as described in the standard in the ERR. For Office of Housing programs, follow program guidance requirements on timing and documentation.

• DIY and other radon test strategies:

o Document the test device o Time period of test o Test conditions (HVAC system off windows closed, outside temperature);

o Test results; and o Other conditions relevant to test conditions.

o Refer to the applicable ANSI/AARST standard as guidance.

• For additional methods refer to HUD Notice CPD-23-103.

Mitigating Radon

When radon testing determines indoor air radon levels are at or above 4 pCi/L, the Environmental Review Record (ERR) must include a mitigation plan. The mitigation plan must:

• Identify the radon level;

• Consider the risk to occupants’ health;

• Describe the radon reduction system that will be installed;

• Whenever possible, establish an ongoing maintenance plan to ensure the system is operating as intended;

• Establish a reasonable timeframe for implementation (i.e., integrate radon mitigation activities into an annual plan or a 5-year plan that is already completed for HUD funded activities); and

• Require post-installation testing.

Where feasible, post-installation testing should be conducted by a licensed radon professional. In an area where there are no licensed radon professionals, there may be other personnel, such as trained staff, other professionals (i.e., engineers, geologist, scientists, public health staff) who have experience conducting radon testing or have the relevant skills and knowledge to follow the device instructions or ANSI/AARST test protocols and mitigation standards.

/cdbg – policies – environmental reviews.doc Revised by CDBG/HOME Staff 7.24.2013 Revised by CDBG/HOME Staff 1.03.2023 Revised by CDBG/HOME Staff 2.22.2023 Revised by CDBG/HOME Staff 12.1.2023 Revised by CDBG/HOME Staff 04.02.2024