2018 Environmental Topics: Developers Application Workshop 1 - PowerPoint PPT Presentation

2018 Environmental Topics: Developers Application Workshop 1

Objectives • The objectives of this presentation: – Brief overview of the environmental review process – Site selection – Overview of changes to the environmental review process • All developments requesting and receiving approval for low-income housing tax credits, fund balance loans, HOME funds, Risk Share Insurance, National Housing Trust Fund (HTF) and Tax Credit Assistance Program (TCAP) are required to pass an environmental review as a condition of financing. – 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 the regulations at 24 CFR part 58 and may also be subject to 24 CFR part 50. HTF also includes 24 CFR part 93.301(f)(1) and HUD Notice CPD-16-14. Please consult the HUD website. • Non-Federally funded developments are also subject to an environmental review by MHDC. This review is closely based on the 24 CFR part 58 and 50 reviews for federally funded developments. 2

Environmental Review Process • Depending on the type of review required all or part of the following issues are addressed. Airport Hazards Noise Abatement and Educational and Cultural Facilities Control Coastal Barrier Resources Sole Source Aquifers Commercial Facilities Flood Insurance Wetlands Protection Health Care and Social Services Clean Air Wild and Scenic Rivers Solid Waste Disposal / Recycling Coastal Zone Management Environmental Justice Waste Water / Sanitary Sewers Contamination and T oxic Conformance with Plans / Water Supply Substances Compatible Land Use and Zoning / Scale and Urban Design Endangered Species Soil Suitability / Slope / Public Safety – Police, fire and Erosion / Drainage / Storm Emergency Medical Water Runoff Explosive and Flammable Hazards and Nuisances Parks, Open Space and Hazards including Site Safety and Recreation Noise Farmlands Protection Energy Consumption Transportation and Accessibility Floodplain Management Employment and Income Unique Natural Features, Water Patterns Resources Historic Preservation Demographic Character Vegetation, Wildlife Changes, Displacement 3 Other Factors

Environmental Review Process • All developers with approved applications will be provided with and Exhibit B document. This project specific document lists general requirements to begin the environmental review process. • Examples of issues that might be covered are level of review (determination), lead-based paint, asbestos, radon, Mo. Storm Water Prevention Plan, Phase I Site Assessment report…….. • All environmental issues must be reviewed and appropriately addressed prior to any funding. Most Federally funded developments require the HUD Release of Funds (ROF). Depending on the type of review the HUD ROF can take between 22 and 45 days to obtain after the completion of the environmental review. 4

Site Selection How to pick the absolutely perfect site. • Oops, there isn’t one! 5

Site Selection • Virtually no site is completely free of some kind of problem or difficulty. From an environmental review perspective begin with three of the biggest issues that can be associated with a site. – Floodplain – Does a 100 year or 500 year floodplain impinge on the site or roadways around the site. – If so, this is not always an easy “fix” especially if federal funding is involved. – Consult the current FEMA Flood Maps to get an idea where floodplains are located in relation to the site. • Federal Emergency Management Agency: www.FEMA.com This is MHDC’s primary source for information. • Another option is having a floodplain survey completed by an experienced consultant. HUD regulations apply. – In certain circumstances MHDC may request a floodplain survey. 6

– Wetland – Is there a wetland (isolated and jurisdictional) on the site, or adjacent to the site? There are a couple of ways to approach this for different reasons. • U.S. Fish and Wildlife Wetland Mapper: This is the main source MHDC uses to identify wetlands. This map is not current or accurate. • NRCS Soils USDA Map: A secondary source MHDC uses to identify wetlands. Again, not accurate. • U.S. Army Corps of Engineers Request for Corps Jurisdictional Determination - This is a form that can be completed by the developer / signed by the land owner and returned to the U.S. Army Corps of Engineers for a response. MHDC does NOT require the use of this form. It is not needed for the purpose of due diligence for the wetland portion of the environmental review. Only in very rare circumstances would MHDC ask for this form, on approved applications only. If you choose to complete the form call the U.S. Army Corps of Engineers for guidance. One of the following responses can be obtained. – Preliminary Determination – Only attempts to identify Jurisdictional Wetlands. Also, it is not a final determination. – Approved Determination - Identifies isolated and jurisdictional wetlands. A Wetland Delineation Report may be required by the U.S. Army Corp of Engineers, to be paid for and provided by the developer. MHDC is providing this information as a courtesy to the developer. On occasion through other permitting processes by other agencies wetlands were identified on sites by the U.S. Army Corp of Engineers. In some cases stiff financial penalties were incurred by the developer. 7

Site Selection – Noise – Does excessive noise effect the site? • 5 miles to a civil airport and 15 miles to a military airport. • 1,000 feet from roadways. (very generally 4 lanes or greater) • 3,000 feet from all railroads. The above represent what to look for generally but does not guarantee a noise problem. MHDC uses the HUD Day and Night Noise Calculator (DNL) to evaluate noise for all developments. It is located on the HUD website. The following are the noise levels set by HUD. • < 65 dB acceptable • > 65 dB to 75 dB normally unacceptable • < 75 dB unacceptable Engaging an acoustical engineer is encouraged by HUD and MHDC usually for approved applications with federal funding. HUD regulations apply for determining noise levels for non-federally funded developments. HUD does not allow noise studies. MHDC does not allow noise studies regardless of the type of funding. 8 •

Site Selection – Other site selection considerations: • Consolidated Animal Feeding Operations (CAFO) located near the site. • Sewage processing plants or lagoons near the site. • Very busy intersections should be a consideration for family developments. • Industrial areas can be prone to contamination problems. • Mines, quarries, and fire stations can all be a physical hazard, noise problem and increase truck traffic. • Sports venues can potentially be a noise and bright light issue. • Neighborhood conditions including proximity to basic necessities such as grocery store, post office, retail, education, gas station, and bus stop. - (HUD) Choosing An Environmentally Safe Site • This pamphlet can be obtained off the HUD website. • It provides general guidance for the site selection. 9

Site Selection – MHDC can provide you with a general site evaluation. • MHDC Desktop Review – Prior to submission of applications developer’s are free to contact MHDC for a Desktop Review. • This review encompasses floodplain, wetland, noise, and other. The review is conducted using various maps such as FEMA Flood Maps, U.S. Fish and Wildlife, and Google Earth. There is no actual site visit, the evaluation is not all encompassing. • It is not an all encompassing review. But an initial look at a site for obvious environmental issues. • Please be aware this is a limited desktop review developed using various state and federal electronic maps. A site visit was not conducted and every environmental aspect was not considered. All conclusions are only tentative and subject to amendment. Lastly, I want to be sure that everyone is aware that this desktop review is not to be construed that MHDC will approve any specific property if an application is submitted but is just to answer your questions regarding the site. All applications submitted to MHDC will be evaluated and given equal consideration. 10

Brief Overview of Environmental Review Changes for 2018 • Please be aware as of 2018 the environmental review, and ALL documentation pertaining to the environmental review process (including pre and post construction) for approved developments with MHDC authorized federal funds are required to be uploaded into the Department of Housing and Urban Development Environmental Review Online System (HEROS). • HEROS – HUD’s Office of Environment and Energy has developed this online system for, documenting and managing environmental reviews. It covers all levels of environmental reviews for both 24 CFR part 58 and 50 developments and includes on-screen guidance for completing HUD environmental reviews. 11