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HomeMy WebLinkAbout2024-0064 - - 2025-2029 HUD Tier 1 Environmental ReviewDocusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Nancy Backus Mayor 10/16/2024 U.S. Department of Housing and Urban Development 451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov Tiered Environment Review for Activity/Project that is Categorically Excluded Subject to Section 58.5 Pursuant to 24 CFR 58.35(a) Project Information Project Name: 2024-2029-Tier-1-City-of-Auburn-Housing-Repair-Program HEROS Number: 900000010426289 Responsible Entity (RE): AUBURN, 25 W Main St Auburn WA, 98001 State / Local Identifier: RE Preparer: Jody Davison Certifying Officer: Nancy Backus Grant Recipient (if different than Responsible Entity): Consultant (if applicable): Project Location: Auburn, WA 98001 Additional Location Information: Inside the City of Auburn boundaries. Direct Comments to: Jody Davison Human Services Department City of Auburn 25 West Main Street Auburn, WA 98002 jdavison@auburnwa.gov Point of Contact: Point of Contact: Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA 2024-2029-Tier-1-City-of- Auburn-Housing-Repair- Program Auburn, WA 900000010426289 Version 11.07.2012 10/14/2024 13:16 Page 2 of 5 Maps, photographs, and other documentation of project location and description: City of Auburn MAP.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 5 Years Maximum number of dwelling units or lots addressed by this tiered review: 425 Level of Environmental Review Determination: Categorically Excluded per 24 CFR 58.35(a), and subject to laws and authorities at §58.5: 58.35(a)(2) 58.35(a)(3) Determination: Extraordinary circumstances exist and this project may result in significant environmental impact. This project requires preparation of an Environmental Assessment (EA); OR ✓ There are no extraordinary circumstances which would require completion of an EA, and this project may remain CEST. Approval Documents: 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on: Funding Information The City of Auburn will engage in housing activities, collaborations, and partnerships to enhance opportunities for the creation and preservation of affordable housing. The City will plan for and support fair housing strategies and initiatives designed to affirmatively further fair housing choice, and to increase access to housing and housing programs and by maintain the affordability of decent housing for low-income Auburn residents by providing repairs necessary to maintain suitable housing for low-income Auburn homeowners. An estimated 65 low and very low-income families will benefit from the housing repair program annually. As the City's largest homeless prevention program, housing repair ensures sustainability of a safe home for some of Auburn's most vulnerable residents. Of the 65 low to moderate income residents who apply for the program annually, over half of them are of the senior and disabled population. Grant / Project Identification HUD Program Program Name Funding Amount Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA 2024-2029-Tier-1-City-of- Auburn-Housing-Repair- Program Auburn, WA 900000010426289 Version 11.07.2012 10/14/2024 13:16 Page 3 of 5 Estimated Total HUD Funded Amount: $600,000.00 Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $500,000.00 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 Was compliance achieved at the broad level of review? Describe here compliance determinations made at the broad level and source documentation. STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.6 Airport Hazards  Yes  No The project does not involve major rehabilitation of existing structures or new construction. The project addresses minor home repairs to support mobility, accessibility, weatherization or other minor repairs. The project does not encompass a substantial change in the value or use of any residential structure. The Auburn, WA airport is a local/municipal airport that does not support commercial air travel. No residential structure are located in the RPZ or CZ or APZ. Coastal Barrier Resources Act  Yes  No This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resource Act. Flood Insurance  Yes  No The project does not involve substantial improvements in excess of 50% of the pre-hab assessed value. The Flood Insurance requirement is address in the Tier 2 environmental review process. STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5 Air Quality  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 Number B-24-MC-53-0014 Community Planning and Development (CPD) Community Development Block Grants (CDBG) (Entitlement) $288,467.00 Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA 2024-2029-Tier-1-City-of- Auburn-Housing-Repair- Program Auburn, WA 900000010426289 Version 11.07.2012 10/14/2024 13:16 Page 4 of 5 compliance with the Clean Air Act. See project description. Coastal Zone Management Act  Yes  No Based on the project description this project does not include any activities that would affect a Coastal one. This project is in compliance with the Coastal Zone Management Act. Contamination and Toxic Substances  Yes  No Endangered Species Act  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  Yes  No All projects under this review will meet Acceptable Separation Distance (ASD) requirements to protect them from explosive and flammable hazards. Farmlands Protection  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  Yes  No The following exception applies, so the project is in compliance with the Executive Order 11988: 55.12(b)(2) financial assistance for minor repairs or improvements on one-to-four family properties that do not meet the threshold for "substantial improvement" under s.55.2(b)(10). Historic Preservation  Yes  No Noise Abatement and Control  Yes  No 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 Noice Regulation. Sole Source Aquifers  Yes  No The project will not affect Sole Source Aquifer quality. See Statutory Worksheet for details. Wetlands Protection  Yes  No The project will not impact on or offside wetlands and is in compliance with Executive Order 11990. Wild and Scenic Rivers Act  Yes  No This project is not within proximity of a NWSRS River. the Project is in Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA 2024-2029-Tier-1-City-of- Auburn-Housing-Repair- Program Auburn, WA 900000010426289 Version 11.07.2012 10/14/2024 13:16 Page 5 of 5 compliance with the Wild and Scenic Rivers Act. ENVIRONMENTAL JUSTICE Environmental Justice  Yes  No No adverse environmental impacts were identified in the project's Tier 1 broad- level environmental review. the project is in compliance with Executive Order 12898. Supporting documentation Air-Quality-Worksheet.pdf Coastal-Barrier-Resources-Worksheet.pdf Coastal-Zone-Management-Worksheet.pdf FWS_Endangered_Species_Act_2020.pdf Environmental-Justice-Worksheet (1).pdf Farmlands-Protection-Worksheet.pdf Flood-Insurance-Worksheet.pdf Floodplain-Management-Worksheet (1).pdf Sole-Source-Aquifers-Worksheet.pdf Wetlands-Protection-Worksheet.pdf Wild-and-Scenic-Rivers-Worksheet.pdf Tier 1 Airport Map.pdf Airport-Hazards-Worksheet.pdf Explosive-and-Flammable-Facilities-Worksheet.pdf Noise-Abatement-and-Control-CEST-Worksheet.pdf Written Strategies The following strategies provide the policy, standard, or process to be followed in the site- specific review for each law, authority, and factor that will require completion of a site-specific review. 1 Contamination and Toxic Substances This is addressed within a Tier 2 review for each project that identifies contamination and or toxic substances and proximity to dumps, landfills, industrial sites or other locations that contain hazardous materials. 2 Historic Preservation This is addressed within a Tier 2 review for each project. Historic preservation is identified at the onset of each tier 2 review and specific mitigation efforts if identified are addressed and managed at the tier 2 review level. Supporting documentation Tier 2 Review- UPDATED.pdf APPENDIX A: Site Specific Reviews Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Airport Hazards (CEST and EA) 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 References https://www.hudexchange.info/environmental-review/airport-hazards 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. Continue to the Worksheet Summary below. Provide a map showing that the site is not within the applicable distances to a military or civilian airport. ☒Yes → Continue to Question 2. 2. Is your project located within a Runway Potential Zone/Clear Zone (RPZ/CZ) or Accident Potential Zone (APZ)? ☐Yes, project is in an APZ → Continue to Question 3. ☐Yes, project is an RPZ/CZ → Project cannot proceed at this location. ☒No, project is not within an APZ or RPZ/CZ → Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide a map showing that the site is not within either zone. 3. Is the project in conformance with DOD guidelines for APZ? ☒Yes, project is consistent with DOD guidelines without further action. Explain how you determined that the project is consistent: → Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide any documentation supporting this determination. The project does not involve major rehabilitation to existing structures. The project addresses minor home repairs to support mobility, accessibility, weatherization or other minor repairs. The project does not encompass a substantial change in the value or use of any residential structure. The Auburn, WA airport is a local/municipal airport that does not support commercial air travel. No residential structure are located in the RPZ or CZ or APZ. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA ☐No, the project cannot be brought into conformance with DOD guidelines and has not been approved. → Project cannot proceed at this location. ☐Project is not consistent with DOD guidelines, but it has been approved by Certifying Officer or HUD Approving Official. Explain approval process: If mitigation measures have been or will be taken, explain in detail the proposed measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. → Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide any documentation supporting this determination. Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No See attached maps for distances to Auburn Municipal Airport and McChord Air Force Base. The closes residential structure is approximately 625 feet from the nearest civilian airport (Auburn) and 28 miles to McChord Air Force Base. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Air Quality (CEST and EA) 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 Reference https://www.hudexchange.info/environmental-review/air-quality Scope of Work 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  Continue to Question 2. ☒ No Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide any documents used to make your determination. Air Quality Attainment Status of Project’s County or Air Quality Management District 2. Is your project’s air quality management district or county in non-attainment or maintenance status for any criteria pollutants? Follow the link below to determine compliance status of project county or air quality management district: http://www.epa.gov/oaqps001/greenbk/ ☒ No, project’s county or air quality management district is in attainment status for all criteria pollutants  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide any documents used to make your determination. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA ☐ Yes, project’s management district or county is in non-attainment or maintenance status for one or more criteria pollutants. Describe the findings:  Continue to Question 3. 3. Determine the estimated emissions levels of your project for each of those criteria pollutants that are in non-attainment or maintenance status on your project area. Will your project exceed any of the de minimis or threshold emissions levels of non- attainment and maintenance level pollutants or exceed the screening levels established by the state or air quality management district? ☒ No, the project will not exceed de minimis or threshold emissions levels or screening levels  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Explain how you determined that the project would not exceed de minimis or threshold emissions. ☐ Yes, the project exceeds de minimis emissions levels or screening levels.  Continue to Question 4. Explain how you determined that the project would not exceed de minimis or threshold emissions in the Worksheet Summary. 4. 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. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No See attached site map and project description. The project replaces existing impervious surface with new impervious surface for the purpose of making this stretch of existing sidewalk ADA compliant. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Coastal Barrier Resources (CEST and EA) 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) References https://www.hudexchange.info/environmental-review/coastal-barrier-resources Projects located in the following states must complete this form. Alabama Georgia Massachusetts New Jersey Puerto Rico Virgin Islands Connecticut Louisiana Michigan New York Rhode Island Virginia Delaware Maine Minnesota North Carolina South Carolina Wisconsin Florida Maryland Mississippi Ohio Texas 1. Is the project located in a CBRS Unit? ☒No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide a map showing that the site is not within a CBRS Unit. ☐Yes  Continue to Question 2. 2. Indicate your selected course of action. ☐ After consultation with the FWS the project was given approval to continue  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide a map and documentation of a FWS approval. ☐ Project was not given approval Project cannot proceed at this location. Worksheet Summary Federal assistance for most activities may not be used at this location. You must either choose an alternate site or cancel the project. In very rare cases, federal monies can be spent within CBRS units for certain exempted activities (e.g., a nature trail), after consultation with the Fish and Wildlife Service (FWS) (see 16 USC 3505 for exceptions to limitations on expenditures). Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No Project is not located in a CBRS Unit. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Coastal Zone Management Act (CEST and EA) 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 References https://www.onecpd.info/environmental-review/coastal-zone-management Projects located in the following states must complete this form. Alabama Florida Louisiana Mississippi Ohio Texas Alaska Georgia Maine New Hampshire Oregon Virgin Islands American Samona Guam Maryland New Jersey Pennsylvania Virginia California Hawaii Massachusetts New York Puerto Rico Washington Connecticut Illinois Michigan North Carolina Rhode Island Wisconsin Delaware Indiana Minnesota Northern Mariana Islands South Carolina 1. Is the project located in, or does it affect, a Coastal Zone as defined in your state Coastal Management Plan? ☒Yes  Continue to Question 2. ☐No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide a map showing that the site is not within a Coastal Zone. 2. Does this project include activities that are subject to state review? ☐Yes  Continue to Question 3. ☒No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide documentation used to make your determination. 3. Has this project been determined to be consistent with the State Coastal Management Program? ☐Yes, with mitigation.  Continue to Question 4. ☒Yes, without mitigation.  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide documentation used to make your determination. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA ☐No, project must be canceled. Project cannot proceed at this location. 4. Explain in detail the proposed measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation.  Continue to the Worksheet Summary below. Provide documentation of the consultation (including the State Coastal Management Program letter of consistency) and any other documentation used to make your determination. Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No “Concurrence from Dept. of Ecology for Coastal Zone Management is no longer required under a Part 58 or Part 50 Environmental Review in Washington State. However, at the time of project development, the activity may trigger review if it falls under other parts of the CZMA regulations for federal agency activities (Title 15 CFR Part 930, subpart C), or consistency for activities requiring a federal license or permit (Title 15 CFR Part 930, Subpart D) and will be subject to all enforceable policies of the Coastal Zone Management Program. It is during the local permitting process that a project might be subject to CZM and further review by the Dept of Ecology.” See attached worksheet for additional review information. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Environmental Justice (CEST and EA) 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 References https://www.hudexchange.info/environmental-review/environmental-justice 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  Continue to Question 2. ☒No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. 2. Were these adverse environmental impacts disproportionately high for low-income and/or minority communities? ☐Yes Explain:  Continue to Question 3. Provide any supporting documentation. ☒No Explain:  Continue to the Worksheet Summary and provide any supporting documentation. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA 3. All adverse impacts should be mitigated. Explain in detail the proposed measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. ☐Mitigation as follows will be implemented:  Continue to Question 4. ☐No mitigation is necessary. Explain why mitigation will not be made here:  Continue to Question 4. 4. Describe how the affected low-income or minority community was engaged or meaningfully involved in the decision on what mitigation actions, if any, will be taken.  Continue to the Worksheet Summary and provide any supporting documentation. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No The scope of the project is to perform repairs on owner occupied residential homes within the City of Auburn Washington. Repairs will range from building stairs, ada compliance wooden ramps, door widening, appliance repair and/or replacement. Bathroom remodeling and or accessibility improvements to roof repair and/or replacement. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Explosive and Flammable Hazards (CEST and EA) 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 Reference https://www.hudexchange.info/environmental-review/explosive-and-flammable-facilities 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  Continue to Question 2. ☐ Yes Explain:  Go directly to Question 5. 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. Continue to the Worksheet Summary below. ☐ Yes  Continue to Question 3. 3. Within 1 mile of the project site, are there any current or planned stationary aboveground storage containers that are covered by 24 CFR 51C? Containers that are NOT covered under the regulation include: • Containers 100 gallons or less in capacity, containing common liquid industrial fuels OR • Containers of liquified petroleum gas (LPG) or propane with a water volume capacity of 1,000 gallons or less that meet the requirements of the 2017 version of National Fire Protection Association (NFPA) Code 58. If all containers within the search area fit the above criteria, answer “no.” For any other type of aboveground storage container within the search area that holds one of the Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA flammable or explosive materials listed in Appendix I of 24 CFR part 51 subpart C, answer “yes.” ☒ No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide all documents used to make your determination. ☐ Yes  Continue to Question 4. 4. Visit HUD’s website to identify the appropriate tank or tanks to assess and to calculate the required separation distance using the electronic assessment tool. To document this step in the analysis, please attach the following supporting documents to this screen: • Map identifying the tank selected for assessment, and showing the distance from the tank to the proposed HUD-assisted project site; and • Electronic assessment tool calculation of the required separation distance. Based on the analysis, is the proposed HUD-assisted project site located at or beyond the required separation distance from all covered tanks? ☒ Yes  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. ☐ No  Go directly to Question 6. 5. Is the hazardous facility located at an acceptable separation distance from residences and any other facility or area where people may congregate or be present? Please visit HUD’s website for information on calculating Acceptable Separation Distance. ☒ Yes  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide map(s) showing the location of the project site relative to residences and any other facility or area where people congregate or are present and your separation distance calculations. ☐ No  Provide map(s) showing the location of the project site relative to residences and any other facility or area where people congregate or are present and your separation distance calculations. Continue to Question 6. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA 6. For the project to be brought into compliance with this section, all adverse impacts must be mitigated. Mitigation measures may include both natural and manmade barriers, modification of the project design, burial or removal of the hazard, or other engineered solutions. Describe selected mitigation measures, including the timeline for implementation, and attach an implementation plan. If negative effects cannot be mitigated, cancel the project at this location. Note that only licensed professional engineers should design and implement blast barriers. If a barrier will be used or the project will be modified to compensate for an unacceptable separation distance, provide approval from a licensed professional engineer. Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Farmlands Protection (CEST and EA) 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 Reference https://www.hudexchange.info/environmental-review/farmlands-protection 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  Continue to Question 2. ☒No Explain how you determined that agricultural land would not be converted:  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide any documentation supporting your determination. 2. Does “important farmland,” including prime farmland, unique farmland, or farmland of statewide or local importance regulated under the Farmland Protection Policy Act, occur on the project site? You may use the links below to determine important farmland occurs on the project site:  Utilize USDA Natural Resources Conservation Service’s (NRCS) Web Soil Survey http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm  Check with your city or county’s planning department and ask them to document if the project is on land regulated by the FPPA (zoning important farmland as non- agricultural does not exempt it from FPPA requirements)  Contact NRCS at the local USDA service center http://offices.sc.egov.usda.gov/locator/app?agency=nrcs or your NRCS state soil scientist http://soils.usda.gov/contact/state_offices/ for assistance ☒No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide any documents used to make your determination. ☐Yes  Continue to Question 3. The project is focused on residential homes with a narrow focus of repair and restoration. It does not involve projects that that convert agricultural land to nonagricultural lands. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA 3. Consider alternatives to completing the project on important farmland and means of avoiding impacts to important farmland.  Complete form AD-1006, “Farmland Conversion Impact Rating” http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1045394.pdf and contact the state soil scientist before sending it to the local NRCS District Conservationist. (NOTE: for corridor type projects, use instead form NRCS-CPA-106, "Farmland Conversion Impact Rating for Corridor Type Projects: http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1045395.pdf.)  Work with NRCS to minimize the impact of the project on the protected farmland. When you have finished with your analysis, return a copy of form AD-1006 (or form NRCS-CPA-106 if applicable) to the USDA-NRCS State Soil Scientist or his/her designee informing them of your determination. Document your conclusion: ☐Project will proceed with mitigation. Explain in detail the proposed measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation.  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide form AD-1006 and all other documents used to make your determination. ☒Project will proceed without mitigation. Explain why mitigation will not be made here:  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide form AD-1006 and all other documents used to make your determination. Mitigation is not needed as work is not in agricultural farmlands and does not involve building or expanding housing units . Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Flood Insurance (CEST and EA) General requirements Legislation Regulation Reference 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 55.5. Flood Insurance - HUD Exchange 1. Does this project involve mortgage insurance, refinance, acquisition, repairs, construction, or rehabilitation of a structure, mobile home, or insurable personal property? ☐No. This project does not require flood insurance or is excepted from flood insurance. Continue to the Worksheet Summary. ☒Yes Continue to Question 2. 2. Provide a FEMA/FIRM map showing the site. The Federal Emergency Management Agency (FEMA) designates floodplains. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs). For projects in areas not mapped by FEMA, use the best available information to determine floodplain information. Include documentation, including a discussion of why this is the best available information for the site. Provide FEMA/FIRM floodplain zone designation, panel number, and date within your documentation. Is the structure, part of the structure, or insurable property located in a FEMA -designated Special Flood Hazard Area? ☐No Continue to the Worksheet Summary. ☒Yes Continue to Question 3. 3. Is the community participating in the National Flood Insurance Program or has less than one year passed since FEMA notification of Special Flood Hazards? ☒Yes, the community is participating in the National Flood Insurance Program. For loans, loan insurance or loan guarantees, flood insurance coverage must be continued for the term of the loan. For grants and other non-loan forms of financial assistance, flood insurance coverage must be continued for the life of the building irrespec tive of the transfer of ownership. The amount of coverage must equal the total project cost or the maximum coverage limit of the National Flood Insurance Program, whichever is less Provide a copy of the flood insurance policy declaration or a paid receipt for the current annual flood insurance premium and a copy of the application for flood insurance. Continue to the Worksheet Summary. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA ☐Yes, less than one year has passed since FEMA notification of Special Flood Hazards. If less than one year has passed since notification of Special Flood Hazards, no flood Insurance is required. Continue to the Worksheet Summary. ☐No. The community is not participating, or its participation has been suspended. Federal assistance may not be used at this location. Cancel the project at this location. Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Designation of a project location is determined at the Tier 2 Environmental Review level. The property location is compared to the FEMA flood plane map. Individual mitigation efforts are taken at that level. Insurance is required by the resident to proceed with work if the project location is in the FEMA flood plane area. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA City of Auburn Regulatory Floodplain Regulatory Floodplain: The Regulatory Floodplain is composed of the Special Flood Hazard Area and the Protected Area as shown below. Protected Area Printed On : 10/18/2021 Map ID: 4597 0 800 1,600 2,400 3,200 4,000 FEET Maps generally depict regulatory floodplain boundaries in the City of Auburn. All boundaries are approximate and are subject to change with additional data. Maps do not include critical areas or shoreline data. Please note for mapping and reference purposes some data is shown beyond Auburn City Limits; however, City of Auburn Regulatory Floodplain does not extend to areas outside the City. Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. Actual Regulatory Floodplain boundaries will be determined by City of Auburn Ordinance #6295, associated City Code sections, and FEMA guidance documents. 1. FEMA 100 Year Floodplain and Floodway: FEMA Flood Insurance Rate Maps (1995 Pierce County, 2020 King County) 2. Riparian Habitat Zone: City of Auburn Ordinance #6295 (2010) 3. Channel Migration Area: King County Green River Channel Migration Zone Study (1993) and City of Auburn Ordinance #6295 (2010) Data Source: Note: Special Flood Hazard Area (SFHA) g Streams Auburn City Limits Parcels FEMA 100 Year Floodplain Muckleshoot Boundary Channel Migration Area (CMA) Riparian Habitat Zone (RHZ) Floodway Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Floodplain Management (CEST and EA) 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 Reference https://www.hudexchange.info/environmental-review/floodplain-management 1. Does 24 CFR 55.12(c) exempt this project from compliance with HUD’s floodplain management regulations in Part 55? ☒ Yes Provide the applicable citation at 24 CFR 55.12(c) here. If project is exempt under 55.12(c)(7) or (8), provide supporting documentation.  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. ☐ No  Continue to Question 2. 2. Provide a FEMA/FIRM or ABFE map showing the site. The Federal Emergency Management Agency (FEMA) designates floodplains. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs) or Advisory Base Flood Elevations (ABFEs). For projects in areas not mapped by FEMA, use the best available information to determine floodplain information. Include documentation, including a discussion of why this is the best available information for the site. Does your project occur in a floodplain? ☒ No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. ☐ Yes Select the applicable floodplain using the FEMA map or the best available information: ☐ Floodway  Continue to Question 3, Floodways 55.12 (c)(10) Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA ☐ Coastal High Hazard Area (V Zone)  Continue to Question 4, Coastal High Hazard Areas ☐ 500-year floodplain (B Zone or shaded X Zone)  Continue to Question 5, 500-year Floodplains ☐ 100-year floodplain (A Zone)  The 8-Step Process is required. Continue to Question 6, 8-Step Process 3. Floodways Is this a functionally dependent use? ☐ Yes The 8-Step Process is required. Work with your HUD FEO to determine a way to satisfactorily continue with this project. Provide a completed 8-Step Process, including the early public notice and the final notice. Continue to Question 6, 8-Step Process ☐ No Federal assistance may not be used at this location unless a 55.12(c) exception applies. You must either choose an alternate site or cancel the project at this location. 4. Coastal High Hazard Area Is this a critical action? ☐ Yes Critical actions are prohibited in coastal high hazard areas. Federal assistance may not be used at this location. Unless the action is excepted at 24 CFR 55.12(c), you must either choose an alternate site or cancel the project. ☐ No Does this action include construction that is not a functionally dependent use, existing construction (including improvements), or reconstruction following destruction caused by a disaster? ☐ Yes, there is new construction. New construction is prohibited in V Zones ((24 CFR 55.1(c)(3)). ☐ No, this action concerns only a functionally dependent use, existing construction(including improvements), or reconstruction following destruction caused by a disaster. This construction must have met FEMA elevation and construction standards for a coastal high hazard area or other standards applicable at the time of construction. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA  Continue to Question 6, 8-Step Process 5. 500-year Floodplain Is this a critical action? ☐ No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. ☐Yes  Continue to Question 6, 8-Step Process 6. 8-Step Process. Does the 8-Step Process apply? Select one of the following options: ☐ 8-Step Process applies. Provide a completed 8-Step Process, including the early public notice and the final notice.  Continue to Question 7, Mitigation ☐ 5-Step Process is applicable per 55.12(a)(1-3). Provide documentation of 5-Step Process. Select the applicable citation: ☐ 55.12(a)(1) HUD actions involving the disposition of HUD-acquired multifamily housing projects or “bulk sales” of HUD-acquired one- to four-family properties in communities that are in the Regular Program of the National Flood Insurance Program (NFIP) and in good standing (i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24). ☐ 55.12(a)(2) HUD's actions under the National Housing Act (12 U.S.C. 1701) for the purchase or refinancing of existing multifamily housing projects, hospitals, nursing homes, assisted living facilities, board and care facilities, and intermediate care facilities, in communities that are in good standing under the NFIP. ☐ 55.12(a)(3) HUD's or the recipient’s actions under any HUD program involving the repair, rehabilitation, modernization, weatherization, or improvement of existing multifamily housing projects, hospitals, nursing homes, assisted living facilities, board and care facilities, intermediate care facilities, and one- to four-family properties, in communities that are in the Regular Program of the National Flood Insurance Program (NFIP) and are in good standing, provided that the number of units is not increased more than 20 percent, the action does not involve a conversion from nonresidential to residential land use, the action does not meet the thresholds for “substantial improvement” under § 55.2(b)(10), and the footprint of the structure and paved areas is not significantly increased. ☐ 55.12(a)(4) HUD’s (or the recipient’s) actions under any HUD program involving the repair, rehabilitation, modernization, weatherization, or improvement of existing nonresidential buildings and structures, in communities that are in the Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Regular Program of the NFIP and are in good standing, provided that the action does not meet the thresholds for “substantial improvement” under § 55.2(b)(10) and that the footprint of the structure and paved areas is not significantly increased.  Continue to Question 7, Mitigation ☐ 8-Step Process is inapplicable per 55.12(b)(1-4). Select the applicable citation: ☐ 55.12(b)(1) HUD's mortgage insurance actions and other financial assistance for the purchasing, mortgaging or refinancing of existing one- to four-family properties in communities that are in the Regular Program of the National Flood Insurance Program (NFIP) and in good standing (i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24), where the action is not a critical action and the property is not located in a floodway or coastal high hazard area. ☐ 55.12(b)(2) Financial assistance for minor repairs or improvements on one- to four-family properties that do not meet the thresholds for “substantial improvement” under § 55.2(b)(10) ☐ 55.12(b)(3) HUD actions involving the disposition of individual HUD-acquired, one- to four-family properties. ☐ 55.12(b)(4) HUD guarantees under the Loan Guarantee Recovery Fund Program (24 CFR part 573) of loans that refinance existing loans and mortgages, where any new construction or rehabilitation financed by the existing loan or mortgage has been completed prior to the filing of an application under the program, and the refinancing will not allow further construction or rehabilitation, nor result in any physical impacts or changes except for routine maintenance. ☐ 55.12(b)(5) The approval of financial assistance to lease an existing structure located within the floodplain, but only if— (i) The structure is located outside the floodway or Coastal High Hazard Area, and is in a community that is in the Regular Program of the NFIP and in good standing (i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24); (ii) The project is not a critical action; and (iii) The entire structure is or will be fully insured or insured to the maximum under the NFIP for at least the term of the lease.  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. 7. Mitigation 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. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Which of the following mitigation/minimization measures have been identified for this project in the 8-Step or 5-Step Process? Select all that apply. ☐ Permeable surfaces ☐ Natural landscape enhancements that maintain or restore natural hydrology ☐ Planting or restoring native plant species ☐ Bioswales ☐ Evapotranspiration ☐ Stormwater capture and reuse ☐ Green or vegetative roofs with drainage provisions ☐ Natural Resources Conservation Service conservation easements or similar easements ☐ Floodproofing of structures ☐ Elevating structures including freeboarding above the required base flood elevations ☐ Other  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Are formal compliance steps or mitigation required? ☐ Yes ☒ No Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Oct 2020 Endangered Species Act: Consultation Guidance for Washington State Prepared in collaboration with the U.S. Fish and Wildlife Service. For use in Washington State only. 24 CFR Part 58, 24 CFR Part 50 Purpose The purpose of this checklist is to assist HUD and HUD’s responsible entities (REs) in meeting their Endangered Species Act obligations. The checklist is designed to help you determine whether a proposed HUD assisted project has potential to affect federally listed species or designated critical habitat, and the process to follow based on those effect determinations. The guidance contained herein is specifically for U.S. Fish and Wildlife Service (FWS) trust resources. In September 2020, National Marine Fisheries Service (NMFS) issued its Endangered Species Act Section 7 Formal Programmatic Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the U.S. Department of Housing and Urban Development Housing Programs in Washington, otherwise known as a “programmatic” biological opinion.1 HUD and REs must consider both this Fish & Wildlife Consultation Guidance document AND the NMFS Washington State Programmatic when considering the effects of a HUD assisted project on listed species and/or habitat. HUD must ensure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of a listed species in the wild or destroy or adversely modify its critical habitat. HUD staff and REs, as a part of an environmental review, must consider potential impacts of the HUD-assisted project to endangered and threatened species and critical habitats. The review must evaluate potential impacts not only to any listed species but also to any proposed endangered or threatened species and critical habitats. This responsibility is cited in environmental procedures at 24 CFR 58.5(e) and 24 CFR 50.4(e). ESA Section 7 Consultation Background The ESA directs all Federal agencies to utilize their authorities to conserve species listed as threatened or endangered (ESA Section 2(c)(1)), and to consult with “the Services” - NMFS and FWS - to ensure that their actions will not jeopardize listed species, or adversely modify habitat designated as critical for listed species. The Services share responsibility for assisting federal agencies in implementing the ESA. FWS trust resources under the ESA include birds, amphibians, plants, insects, terrestrial reptiles, terrestrial mammals, most freshwater fish, and a few marine mammals. In Washington, FWS 1 The programmatic is a separate document from this consultation guidance which you are reading. The programmatic can be found at the Region X Environmental website https://www.hud.gov/states/shared/working/r10/environment Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Oct 2020 trust resources include bull trout and designated bull trout critical habitat located in three recovery units (the Coastal, Mid-Columbia, and Columbia Headwaters recovery units). NMFS manages the remainder of listed marine mammals, as well as anadromous fish such as salmon and steelhead. For NMFS information and guidance on how to consider NMFS listed species and habitat, consult the Washington State Programmatic found here https://www.hud.gov/states/shared/working/r10/environment. Before HUD or the RE consults with NMFS and FWS, they must make a preliminary analysis of the project activity and/or whether listed species and/or habitat are present. HUD or the RE can then make one of three determinations of effect for each relevant 2 listed species: • “No effect” is the appropriate conclusion if the proposed action will not affect listed species/critical habitat at all. If a “no effect” determination is made, the Federal agency (or the RE) should not contact FWS and/or NMFS for concurrence. • When effects to listed species are expected to be insignificant or discountable, or wholly beneficial, the action agency should make a “not likely to adversely affect” determination and contact FWS, for written concurrence with that determination. The thresholds for reaching a finding of Not Likely to Adversely Affect are important:  Insignificant effects relate to the size of the impact and should never reach the scale where take occurs. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct. Harm can arise if habitat is altered in a manner that diminishes important species behavior, such as breeding, feeding, or sheltering, to the degree that it injures the species. Harass includes those activities that alter a species behavior in a manner that increases the likelihood of it being injured. Based on best judgment, a person would not be able to meaningfully measure, detect, or evaluate insignificant effects.  Discountable effects are those that are extremely unlikely to occur. Based on best judgment, a person would not expect discountable effects to occur. • Unless all effects that are likely to occur as a direct or indirect result of the proposed action, or its interrelated or interdependent actions, are insignificant, discountable, or beneficial, then the action agency should make a determination of “likely to adversely affect.” The Federal agency/HUD must initiate formal consultation with FWS. The effects of the action (direct and indirect) are not limited to the immediate area involved in the action (“footprint” or project area). Instead, the effects of the action more typically extend to a larger action area, which encompasses all of the action’s direct and indirect effects to the physical, chemical, and biological environment. Direct effects include sources of sound and visual 2 By “relevant” we mean, identified on the County-wide list as occurring or potentially occurring in the County of interest. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Oct 2020 disturbance during construction. Indirect effects occur later in time (i.e., post-construction) and may include air emissions, storm or process water discharges, sources of sound and visual disturbance (e.g., lighting), etc. The effects of interrelated and interdependent actions must also be considered (e.g., site access and staging, sourcing of materials, disposal of wastes). Some actions may have indirect effects to the pattern or rate of land use conversion or development, and those potential effects must also be considered. Procedure for a No Effect Determination A determination of “no effect” to federally listed species and critical habitat fulfills HUD’s and the RE’s obligation to ensure actions it authorizes, funds, or carries out do not jeopardize the continued existence of listed species or adversely modify designated critical habitat. “No effect” determinations do not require coordination with or approval from the FWS and/or NMFS. Use the guidance below to help you determine whether the project qualifies for a “no effect” determination; if, for any species or critical habitat under FWS jurisdiction, there is the potential for a significant exposure or measurable effect, the project does not qualify. The guidance provided herein is for FWS only and may not be used to document a determination of “no effect” for species or habitats managed by NMFS. Step 1: Obtain Species List & Determine Critical Habitat You must obtain a species list for the entire action area of your project. The action area encompasses all of the effects of the project, not just those that occur within the construction footprint. Project effects may include those that extend beyond the project site itself, such as noise, air pollution, water quality, stormwater discharge, visual disturbance. Effects to habitat must also be considered, including the project’s effects on roosting, feeding, nesting, spawning and rearing habitat, overwintering sites, and migratory corridors. Go to http://ecos.fws.gov/ipac/ for a list of species; the area of interest/action area can be identified using the ‘tools’. Please note that this list includes listed, proposed and candidate species. Consideration of project effects on candidate species is optional, unless effects are very large; however, candidate species may become listed as endangered or threatened species during the period of construction. If you have questions, contact the appropriate FWS field office to discuss the species list for your area. Step 2: Determine Effect Question 1: Does suitable habitat for any listed or proposed species under FWS jurisdiction, or designated critical habitat, occur in the action area; is it possible that any listed or proposed species would be exposed or affected? Consider all effects of the project within the action area. The action area encompasses all the effects of the project, including those that occur beyond the boundaries of the property (such as noise, air pollution, water quality, stormwater discharge, visual disturbance). Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Oct 2020 NO, the project action area and all effects are outside the range of listed or proposed species and designated critical habitat. Therefore, the project will have No Effect on ESA-listed or proposed species and designated critical habitat.  Record your determination of No Effect for each relevant species and critical habitat, and maintain this documentation in your Environmental Review Record.  Attach a statement explaining how you determined that your project’s effects do not extend to, and therefore will have no effect on, listed or proposed species or designated critical habitat. YES, the project action area does include habitats that may support ESA- listed or proposed species, or designated critical habitat, under FWS jurisdiction.  Continue to Question 2. Question 2: Is the project activity listed in Table A and does it meet all of the required parameters? YES, the activity is listed in Table A and meets all of the required parameters. Therefore, you can determine the project will have No Effect on ESA-listed or proposed species and/or designated critical habitat.  Record your determination of No Effect and maintain this documentation, including the official species list and map of your project location, in your Environmental Review Record.  Attach a statement to your determination explaining how your project met the required parameters in Table A. NO, the project description does not match a project description in Table A and all of the specified parameters.  Continue to Question 3. Question 3: Do you have some other basis for a No Effect determination, for example a biological assessment or other documentation from a qualified professional that you concur with? YES, the project has professional documentation for No Effect determination.  Record your determination of No Effect and maintain this documentation, including the official species list and map of your project location, in your Environmental Review Record.  Attach the biological assessment or other professional documentation. NO, the project does not have professional documentation for a No Effect Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Oct 2020 determination and may affect a listed species.  The project may affect listed or proposed species, or designated or proposed critical habitat. Consultation with the FWS may be required. CONTACT THE FWS TO DETERMINE THE APPROPRIATE EFFECTS DETERMINATION AND LEVEL OF CONSULTATION REQUIRED. Contact information is provided below. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Oct 2020 Table A. Potential “No Effect” Activity Required Parameters and/or Conditions Interior rehabilitation  For existing structures only.  Access and staging, source sites, and disposal sites have been assessed as part of the proposed action.  Waste materials are recycled or otherwise disposed of in a properly permitted sanitary or hazardous waste disposal site. Landscape repair*1*, including adding sprinkler systems *1* Species under FWS jurisdiction include some that occur in the previously disturbed and built environment; HUD and its responsible entities must evaluate potential effects to all of the FWS species that occur, or potentially occur, in the action area; contact the nearest FWS Field Office with any related questions.  Access and staging, source sites, and disposal sites have been assessed as part of the proposed action.  Waste materials are recycled or otherwise disposed of in a properly permitted sanitary or hazardous waste disposal site.  The project or activity involves a previously disturbed, developed or partially developed, site or property/properties.  Does not remove streamside/riparian vegetation or trees.  Does not increase the amount of impervious/hard surface; or, will fully infiltrate any resulting runoff.  Does not result in wetland fill. Exterior rehabilitation, including:  Replacing exterior paint or siding,  Replace/repair roof*1*,  For existing structures only.  Access and staging, source sites, and disposal sites have been assessed as part of the proposed action. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Oct 2020  Reconstruct/repair existing curbs, sidewalks, or other concrete structures*2*,  Repair existing parking lots (pot holes, repainting lines, etc.)*2*. *1* Does not include galvanized material unless it has been sealed or otherwise contained so that it will not leach into storm water. *2* Species under FWS jurisdiction include some that occur in the previously disturbed and built environment; HUD and its responsible entities must evaluate potential effects to all of the FWS species that occur, or potentially occur, in the action area; contact the nearest FWS Field Office with any related questions. *3* Points of discharge must be a minimum of ¼ mile from waterbodies that support ESA- listed species or proposed/designated critical habitat.  3) Waste materials are recycled or otherwise disposed of in a properly permitted sanitary or hazardous waste disposal site.  5) Does not remove streamside/riparian vegetation or trees.  6) Does not increase the amount of impervious/hard surface; or, will fully infiltrate any resulting runoff.  7) Does not result in wetland fill.  8) Does not/will not discharge new or additional sources of storm or waste water to wetlands or waterbodies that support ESA-listed species*3*.  9) If located within a Special Flood Hazard Area, does not reduce the amount of flood storage capacity or remove native riparian vegetation. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Oct 2020 Table A Continued: Potential “No Effect” Activity Required Parameters and/or Conditions New construction*1,2* *1* Does not include galvanized material unless it has been sealed or otherwise contained so that it will not leach into storm water. *2* Species under FWS jurisdiction include some that occur in the previously disturbed and built environment; HUD and its responsible entities must evaluate potential effects to all of the FWS species that occur, or potentially occur, in the action area; contact the nearest FWS Field Office with any related questions. *3* Points of discharge must be a minimum of ¼ mile from waterbodies that support ESA-listed species or proposed/designated critical habitat.  Access and staging, source sites, and disposal sites have been assessed as part of the proposed action.  Waste materials are recycled or otherwise disposed of in a properly permitted sanitary or hazardous waste disposal site.  The project or activity involves a previously disturbed, developed or partially developed, site or property/properties.  Does not remove streamside/riparian vegetation or trees.  Does not result in wetland fill.  Does not/will not discharge new or additional sources of storm or waste water to wetlands or waterbodies that support ESA-listed species*3*.  If located within a Special Flood Hazard Area, does not reduce the amount of flood storage capacity or remove native riparian vegetation.  Complies with all state and local building codes, including storm water regulations.  Project design will fully infiltrate any resulting runoff; or, runoff is treated, detained (as necessary according to state and local requirements), and discharged to wetlands and/or waterbodies that do NOT support ESA-listed species*3*. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Oct 2020 Initiating Section 7 Consultation HUD and or a RE should NOT contact FWS if a No Effect Determination has been reached. If all of the direct and indirect effects of the action are insignificant, discountable, or entirely beneficial, it is not likely to adversely affect listed species, and the section 7 consultation for the project will remain informal and relatively simple. Concurrence from FWS on a May Affect, Not Likely to Adversely Affect determination is the most common outcome of consultation for HUD-funded projects. If the effects of the action on listed species and/or critical habitat are not discountable, insignificant, or beneficial, (i.e., likely to adversely affect), formal consultation must be initiated. In such cases, a formal consultation must be completed prior to committing resources to the project, by which the FWS assesses the action’s potential to jeopardize the listed species, result in the destruction or adverse modification of critical habitat, or cause an incidental take of a listed species. At any stage in making your determination, you may wish to contact the appropriate HUD Environmental Staff or FWS field offices for technical assistance. Contact information is available at: For Technical Assistance contact the environmental staff at HUD: Brian Sturdivant Regional Environmental Officer Region X Brian.Sturdivant@hud.gov Technical Assistance from FWS: Ryan McReynolds U.S. Fish and Wildlife Service, Lacey WA Consultation & Conservation Planning Division ryan_mcreynolds@fws.gov 360.753.6047 U.S. Fish and Wildlife Service To initiate informal or formal consultation: HUD's requests for consultation should be addressed to: WA State Supervisor (Brad Thompson) ATTN: Federal Activities Branch, and submitted electronically to email address: WashingtonFWO@fws.gov Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Noise (CEST Level Reviews) 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 References https://www.hudexchange.info/programs/environmental-review/noise-abatement-and- control 1. What activities does your project involve? Check all that apply: ☐ New construction for residential use NOTE: HUD assistance to new construction projects is generally prohibited if they are located in an Unacceptable zone, and HUD discourages assistance for new construction projects in Normally Unacceptable zones. See 24 CFR 51.101(a)(3) for further details.  Continue to Question 4. ☒ Rehabilitation of an existing residential property NOTE: For modernization projects in all noise zones, HUD encourages mitigation to reduce levels to acceptable compliance standards. See 24 CFR 51 Subpart B for further details.  Continue to Question 2. ☐ A research demonstration project which does not result in new construction or reconstruction, interstate, land sales registration, or any timely emergency assistance under disaster assistance provisions 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  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. ☒ None of the above  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA 2. Do you have standardized noise attenuation measures that apply to all modernization and/or minor rehabilitation projects, such as the use of double glazed windows or extra insulation? ☐ Yes Indicate the type of measures that will apply (check all that apply): ☐ Improved building envelope components (better windows and doors, strengthened sheathing, insulation, sealed gaps, etc.) ☐ Redesigned building envelope (more durable or substantial materials, increased air gap, resilient channels, staggered wall studs, etc.) ☐ Other Explain:  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below and provide any supporting documentation. ☐ No  Continue to Question 3. 3. Complete the Preliminary Screening to identify potential noise generators in the vicinity (1000’ from a major road, 3000’ from a railroad, or 15 miles from an airport). Describe findings of the Preliminary Screening:  Continue to Question 6. 4. Complete the Preliminary Screening to identify potential noise generators in the vicinity (1000’ from a major road, 3000’ from a railroad, or 15 miles from an airport). Indicate the findings of the Preliminary Screening below: ☐ There are no noise generators found within the threshold distances above. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide a map showing the location of the project relative to any noise generators. ☐ Noise generators were found within the threshold distances.  Continue to Question 5. 5. Complete the Noise Assessment Guidelines to quantify the noise exposure. Indicate the findings of the Noise Assessment below: ☐ Acceptable: (65 decibels or less; the ceiling may be shifted to 70 decibels in circumstances described in §24 CFR 51.105(a)) Indicate noise level here:  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide noise analysis, including noise level and data used to complete the analysis. ☐ Normally Unacceptable: (Above 65 decibels but not exceeding 75 decibels; the floor may be shifted to 70 decibels in circumstances described in 24 CFR 51.105(a)) Indicate noise level here: Is the project in a largely undeveloped area 1? ☒ No Your project requires completion of an Environmental Assessment (EA) pursuant to 51.104(b)(1)(i). Elevate this review to an EA-level review. Provide noise analysis, including noise level and data used to complete the analysis. Continue to Question 6. ☐ Yes Your project requires completion of an Environmental Impact Statement (EIS) pursuant to 51.104(b)(1)(i). Elevate this review to an EIS-level review. Provide noise analysis, including noise level and data used to complete the analysis. Continue to Question 6. 1 A largely undeveloped area means the area within 2 miles of the project site is less than 50 percent developed with urban uses or does not have water and sewer capacity to serve the project. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA ☐ Unacceptable: (Above 75 decibels) Indicate noise level here: Your project requires completion of an Environmental Impact Statement (EIS) pursuant to 51.104(b)(1)(i). You may either complete an EIS or provide a waiver signed by the appropriate authority. Indicate your choice: ☐ Convert to an EIS  Provide noise analysis, including noise level and data used to complete the analysis. Continue to Question 6. ☐ Provide waiver  Provide an Environmental Impact Statement waiver from the Certifying Officer or the Assistant Secretary for Community Planning and Development per 24 CFR 51.104(b)(2) and noise analysis, including noise level and data used to complete the analysis. Continue to Question 6. 6. HUD strongly encourages mitigation be used to eliminate adverse noise impacts. Explain in detail the exact measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation. This information will be automatically included in the Mitigation summary for the environmental review. ☐ Mitigation as follows will be implemented:  Provide drawings, specifications, and other materials as needed to describe the project’s noise mitigation measures. Continue to the Worksheet Summary. ☒ No mitigation is necessary. Explain why mitigation will not be made here: Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA  Continue to the Worksheet Summary. Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No Noise mitigation efforts will be made if a device, process or activity is included in any future project. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Sole Source Aquifers (CEST and EA) 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 Reference https://www.hudexchange.info/environmental-review/sole-source-aquifers 1. Does your project consist solely of acquisition, leasing, or rehabilitation of an existing building(s)? ☐Yes  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. ☒No  Continue to Question 2. 2. Is the project located on a sole source aquifer (SSA)1? ☒No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide 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. ☐Yes  Continue to Question 3. 3. Does your region have a memorandum of understanding (MOU) or other working agreement with EPA for HUD projects impacting a sole source aquifer? Contact your Field or Regional Environmental Officer or visit the HUD webpage at the link above to determine if an MOU or agreement exists in your area. ☐Yes  Provide the MOU or agreement as part of your supporting documentation. Continue to Question 4. ☒No  Continue to Question 5. 4. Does your MOU or working agreement exclude your project from further review? ☐Yes  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide documentation used to make your determination and document where your project fits within the MOU or agreement. 1 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. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA ☐No  Continue to Question 5. 5. Will the proposed project contaminate the aquifer and create a significant hazard to public health? Consult with your Regional EPA Office. Your consultation request should include detailed information about your proposed project and its relationship to the aquifer and associated streamflow source area. EPA will also want to know about water, storm water and waste water at the proposed project. Follow your MOU or working agreement or contact your Regional EPA office for specific information you may need to provide. EPA may request additional information if impacts to the aquifer are questionable after this information is submitted for review. ☒No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide your correspondence with the EPA and all documents used to make your determination. ☐Yes  Work with EPA to develop mitigation measures. If mitigation measures are approved, attach correspondence with EPA and include the mitigation measures in your environmental review documents and project contracts. If EPA determines that the project continues to pose a significant risk to the aquifer, federal financial assistance must be denied. Continue to Question 6. 6. In order to continue with the project, any threat must be mitigated, and all mitigation must be approved by the EPA. Explain in detail the proposed measures that can be implemented to mitigate for the impact or effect, including the timeline for implementation.  Continue to the Worksheet Summary below. Provide documentation of the consultation (including the Managing Agency’s concurrence) and any other documentation used to make your determination. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Wetlands (CEST and EA) General requirements Legislation Regulation Executive Order 11990 discourages that 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. References https://www.hudexchange.info/environmental-review/wetlands-protection 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. Continue to the Worksheet Summary below. ☐ Yes  Continue to Question 2. 2. Will the new construction or other ground disturbance impact an on- or off-site wetland? The term "wetlands" means those areas that are inundated by surface or ground water with a frequency sufficient to support, and under normal circumstances does or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. Wetlands under E.O. 11990 include isolated and non-jurisdictional wetlands. ☒ No, a wetland will not be impacted in terms of E.O. 11990’s definition of new construction.  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide a map or any other relevant documentation to explain your determination. ☐ Yes, there is a wetland that be impacted in terms of E.O. 11990’s definition of new construction. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA You must determine that there are no practicable alternatives to wetlands development by completing the 8-Step Process. Provide a completed 8-Step Process as well as all documents used to make your determination, including a map. Be sure to include the early public notice and the final notice with your documentation. Continue to Question 3. 3. 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. Which of the following mitigation actions have been or will be taken? Select all that apply: ☐ Permeable surfaces ☐ Natural landscape enhancements that maintain or restore natural hydrology through infiltration ☐ Native plant species ☐ Bioswales ☐ Evapotranspiration ☐ Stormwater capture and reuse ☐ Green or vegetative roofs with drainage provisions ☐ Natural Resources Conservation Service conservation easements ☐ Compensatory mitigation Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Wild and Scenic Rivers (CEST and EA) 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 References https://www.hudexchange.info/environmental-review/wild-and-scenic-rivers 1. Is your project within proximity of a NWSRS river as defined below? Wild & Scenic Rivers: These rivers or river segments have been designated by Congress or by states (with the concurrence of the Secretary of the Interior) as wild, scenic, or recreational Study Rivers: These rivers or river segments are being studied as a potential component of the Wild & Scenic River system. Nationwide Rivers Inventory (NRI): The National Park Service has compiled and maintains the NRI, a register of river segments that potentially qualify as national wild, scenic, or recreational river areas ☒ No  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide documentation used to make your determination, such as a map identifying the project site and its surrounding area or a list of rivers in your region in the Screen Summary at the conclusion of this screen. ☐ Yes, the project is in proximity of a Nationwide Rivers Inventory (NRI) River.  Continue to Question 2. 2. Could the project do any of the following?  Have a direct and adverse effect within Wild and Scenic River Boundaries,  Invade the area or unreasonably diminish the river outside Wild and Scenic River Boundaries, or  Have an adverse effect on the natural, cultural, and/or recreational values of a NRI segment. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Consultation with the appropriate federal/state/local/tribal Managing Agency(s) is required, pursuant to Section 7 of the Act, to determine if the proposed project may have an adverse effect on a Wild & Scenic River or a Study River and, if so, to determine the appropriate avoidance or mitigation measures. Note: Concurrence may be assumed if the Managing Agency does not respond within 30 days; however, you are still obligated to avoid or mitigate adverse effects on the rivers identified in the NWSRS ☒ No, the Managing Agency has concurred that the proposed project will not alter, directly, or indirectly, any of the characteristics that qualifies or potentially qualifies the river for inclusion in the NWSRS.  Based on the response, the review is in compliance with this section. Continue to the Worksheet Summary below. Provide documentation of the consultation (including the Managing Agency’s concurrence) and any other documentation used to make your determination. ☐ Yes, the Managing Agency was consulted and the proposed project may alter, directly, or indirectly, any of the characteristics that qualifies or potentially qualifies the river for inclusion in the NWSRS.  Continue to Question 3. 3. For the project to be brought into compliance with this section, all adverse impacts must be mitigated. Explain in detail the proposed measures that must be implemented to mitigate for the impact or effect, including the timeline for implementation.  Continue to the Worksheet Summary below. Provide documentation of the consultation (including the Managing Agency’s concurrence) and any other documentation used to make your determination. Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA Worksheet Summary Compliance Determination Provide a clear description of your determination and a synopsis of the information that it was based on, such as: • Map panel numbers and dates • Names of all consulted parties and relevant consultation dates • Names of plans or reports and relevant page numbers • Any additional requirements specific to your region Are formal compliance steps or mitigation required? ☐ Yes ☒ No Docusign Envelope ID: DDFA1612-9AFA-4F09-8079-74F80A9C22DA