HampshireHeightsPlaygroundERRNarrativeEnvironmental Review for Activity/Project that is
Categorically Excluded Subject to Section 58.5
Pursuant to 24 CFR 58.35(a)
Project Information
Project Name:
Hampshire-Heights-Playground
HEROS Number:
900000010137792
Responsible Entity (RE):
NORTHAMPTON, 210 Main St Northampton MA, 01060
State / Local Identifier:
RE Preparer:
Keith Benoit
Certifying Officer:
Mayor David J. Narkewicz
Grant Recipient (if different than Responsible Entity):
Northampton Housing Authority
Point of Contact:
Jack Redman
Consultant (if applicable):
Point of Contact:
Project Location:
241 Jackson St, Northampton, MA 01060
Additional Location Information:
Other ingress/egress is off of Bridge Road.
Direct Comments to:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
This project will construct an accessible playground at the Northampton Housing Authority's Hampshire Heights complex. This project will include construction of several play structures,
planting of trees, and the placement of picnic tables and benches around the play structure. Construction will involve the removal of concrete, removal of tree stumps and the excavating
and storing of soil. A gravel base and concrete pads will be installed for the benches. There will be concrete edging around the playground, decorative paving, and the arrival and circular
walks around will be asphalt. Catch basin, drain pipes, and temporary erosion control barriers will be installed for storm water management.
Maps, photographs, and other documentation of project location and description:
Level of Environmental Review Determination:
Categorically Excluded per 24 CFR 58.35(a), and subject to laws and authorities at 58.5:
58.34(a)(12)
58.35(a)(1)
Determination:
(
This categorically excluded activity/project converts to EXEMPT per Section 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities,
nor requires any formal permit or license; Funds may be committed and drawn down after certification of this part for this (now) EXEMPT project; OR
This categorically excluded activity/project cannot convert to Exempt status because one or more statutes or authorities listed at Section 58.5 requires formal consultation or mitigation.
Complete consultation/mitigation protocol requirements, publish NOI/RROF and obtain “Authority to Use Grant Funds” (HUD 7015.16) per Section 58.70 and 58.71 before committing or drawing
down any funds; OR
This project is not categorically excluded OR, if originally categorically excluded, is now subject to a full Environmental Assessment according to Part 58 Subpart E due to extraordinary
circumstances (Section 58.35(c)).
Approval Documents:
7015.15 certified by Certifying Officer on:
7015.16 certified by Authorizing Officer on:
Funding Information
Grant / Project Identification Number
HUD Program
Program Name
B-19-MC-25-0027
Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
Estimated Total HUD Funded, Assisted or Insured Amount:
$150,000.00
Estimated Total Project Cost:
$350,000.00
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
Are formal compliance steps or mitigation required?
Compliance determination
(See Appendix A for source determinations)
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.6
Airport Hazards
Clear Zones and Accident Potential Zones; 24 CFR Part 51 Subpart D
( Yes ( No
The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements.
Coastal Barrier Resources Act
Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]
( Yes ( No
This project is not located in a CBRS Unit. Therefore, this project has no potential to impact a CBRS Unit and is in compliance with the Coastal Barrier Resources Act.
Flood Insurance
Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]
( Yes ( No
The structure or insurable property is not located in a FEMA-designated Special Flood Hazard Area. While flood insurance may not be mandatory in this instance, HUD recommends that all
insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with flood insurance requirements.
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality
Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93
( Yes ( No
Based on the project description, this project includes no activities that would require further evaluation under the Clean Air Act. The project is in compliance with the Clean Air
Act.
Coastal Zone Management Act
Coastal Zone Management Act, sections 307(c) & (d)
( Yes ( No
This project is not located in or does not affect a Coastal Zone as defined in the state Coastal Management Plan. The project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
24 CFR 50.3(i) & 58.5(i)(2)]
( Yes ( No
Site contamination was evaluated as follows: None of the above. On-site or nearby toxic, hazardous, or radioactive substances that could affect the health and safety of project occupants
or conflict with the intended use of the property were not found. The project is in compliance with contamination and toxic substances requirements.
Endangered Species Act
Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402
( Yes ( No
This project will have No Effect on listed species because there are no listed species or designated critical habitats in the action area. This project is in compliance with the Endangered
Species Act. 241 Jackson Street is not within any mapped Priority or Estimated Habitats polygons according to the 4th Edition Natural Heritage Atlas, August 1, 2017, Massachusetts Natural
Heritage and Endangered Species Program. Priority Habitat is based on the known geographical extent of habitat for all state-listed rare species, both plants and animals, and is codified
under the Massachusetts Endangered Species Act (MESA). Estimated Habitats are a sub-set of the Priority Habitats, and are based on the geographical extent of habitat of state-listed
rare wetlands wildlife and is codified under the Wetlands Protection Act (WPA), which does not protect plants. State-listed wetland wildlife species are protected under the Massachusetts
Endangered Species Act as well as the Wetlands Protection Act.
Endangered Species Act
Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402
( Yes ( No
This project will have No Effect on listed species because there are no listed species or designated critical habitats in the action area. This project is in compliance with the Endangered
Species Act. 241 Jackson Street is not within any mapped Priority or Estimated Habitats polygons according to the 4th Edition Natural Heritage Atlas, August 1, 2017, Massachusetts Natural
Heritage and Endangered Species Program. Priority Habitat is based on the known geographical extent of habitat for all state-listed rare species, both plants and animals, and is codified
under the Massachusetts Endangered Species Act (MESA). Estimated Habitats are a sub-set of the Priority Habitats, and are based on the geographical extent of habitat of state-listed
rare wetlands wildlife and is codified under the Wetlands Protection Act (WPA), which does not protect plants. State-listed wetland wildlife species are protected under the Massachusetts
Endangered Species Act as well as the Wetlands Protection Act.
Explosive and Flammable Hazards
Above-Ground Tanks)[24 CFR Part 51 Subpart C
( Yes ( No
Based on the project description the project includes no activities that would require further evaluation under this section. The project is in compliance with explosive and flammable
hazard requirements.
Farmlands Protection
Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658
( Yes ( No
This project does not include any activities that could potentially convert agricultural land to a non-agricultural use. The project is in compliance with the Farmland Protection Policy
Act.
Floodplain Management
Executive Order 11988, particularly section 2(a); 24 CFR Part 55
( Yes ( No
This project does not occur in a floodplain. The project is in compliance with Executive Order 11988.
Historic Preservation
National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800
( Yes ( No
Based on the project description the project has No Potential to Cause Effects. The project is in compliance with Section 106.
Noise Abatement and Control
Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B
( Yes ( No
Based on the project description, this project includes no activities that would require further evaluation under HUD's noise regulation. The project is in compliance with HUD's Noise
regulation.
Sole Source Aquifers
Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149
( Yes ( No
The project is not located on a sole source aquifer area. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection
Executive Order 11990, particularly sections 2 and 5
( Yes ( No
The project will not impact on- or off-site wetlands. The project is in compliance with Executive Order 11990. See attached map with the playground outline in green.
Wild and Scenic Rivers Act
Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c)
( Yes ( No
This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act.
HUD HOUSING ENVIRONMENTAL STANDARDS
ENVIRONMENTAL JUSTICE
Environmental Justice
Executive Order 12898
( Yes ( No
No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898.
Environmental Justice
Executive Order 12898
( Yes ( No
No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898.
Mitigation Measures and Conditions [40 CFR 1505.2(c)]:
Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance
with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents. The staff
responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan.
Law, Authority, or Factor
Mitigation Measure or Condition
Comments on Completed Measures
Complete
Mitigation Plan
No mitigation measures or conditional factors are required because this project meets all applicable laws and authorities.
Supporting documentation on completed measures
APPENDIX A: Related Federal Laws and Authorities
Airport Hazards
General policy
Legislation
Regulation
It is HUD’s policy to apply standards to prevent incompatible development around civil airports and military airfields.
24 CFR Part 51 Subpart D
1. To ensure compatible land use development, you must determine your site’s proximity to civil and military airports. Is your project within 15,000 feet of a military airport or 2,500
feet of a civilian airport?
(
No
Based on the response, the review is in compliance with this section. Document and upload the map showing that the site is not within the applicable distances to a military or civilian
airport below
Yes
Screen Summary
Compliance Determination
The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements.
Supporting documentation
HampshireHeightsAirport.pdf
Are formal compliance steps or mitigation required?
Yes
(
No
Coastal Barrier Resources
General requirements
Legislation
Regulation
HUD financial assistance may not be used for most activities in units of the Coastal Barrier Resources System (CBRS). See 16 USC 3504 for limitations on federal expenditures affecting
the CBRS.
Coastal Barrier Resources Act (CBRA) of 1982, as amended by the Coastal Barrier Improvement Act of 1990 (16 USC 3501)
Is the project located in a CBRS Unit?
(
No
Document and upload map and documentation below.
Yes
Screen Summary
Compliance Determination
This project is not located in a CBRS Unit. Therefore, this project has no potential to impact a CBRS Unit and is in compliance with the Coastal Barrier Resources Act.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Flood Insurance
General requirements
Legislation
Regulation
Certain types of federal financial assistance may not be used in floodplains unless the community participates in National Flood Insurance Program and flood insurance is both obtained
and maintained.
Flood Disaster Protection Act of 1973 as amended (42 USC 4001-4128)
24 CFR 50.4(b)(1) and 24 CFR 58.6(a) and (b); 24 CFR 55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
(
Yes
2. Upload a FEMA/FIRM map showing the site here:
HampshireHeightsFEMA.pdf
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
Based on the response, the review is in compliance with this section.
Yes
Screen Summary
Compliance Determination
The structure or insurable property is not located in a FEMA-designated Special Flood Hazard Area. While flood insurance may not be mandatory in this instance, HUD recommends that all
insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with flood insurance requirements.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Air Quality
General requirements
Legislation
Regulation
The Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), which sets national standards on ambient pollutants. In addition, the Clean Air Act is administered
by States, which must develop State Implementation Plans (SIPs) to regulate their state air quality. Projects funded by HUD must demonstrate that they conform to the appropriate SIP.
Clean Air Act (42 USC 7401 et seq.) as amended particularly Section 176(c) and (d) (42 USC 7506(c) and (d))
40 CFR Parts 6, 51 and 93
1. Does your project include new construction or conversion of land use facilitating the development of public, commercial, or industrial facilities OR five or more dwelling units?
Yes
(
No
Based on the response, the review is in compliance with this section.
Screen Summary
Compliance Determination
Based on the project description, this project includes no activities that would require further evaluation under the Clean Air Act. The project is in compliance with the Clean Air Act.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Coastal Zone Management Act
General requirements
Legislation
Regulation
Federal assistance to applicant agencies for activities affecting any coastal use or resource is granted only when such activities are consistent with federally approved State Coastal
Zone Management Act Plans.
Coastal Zone Management Act (16 USC 1451-1464), particularly section 307(c) and (d) (16 USC 1456(c) and (d))
15 CFR Part 930
1. Is the project located in, or does it affect, a Coastal Zone as defined in your state Coastal Management Plan?
Yes
(
No
Based on the response, the review is in compliance with this section. Document and upload all documents used to make your determination below.
Screen Summary
Compliance Determination
This project is not located in or does not affect a Coastal Zone as defined in the state Coastal Management Plan. The project is in compliance with the Coastal Zone Management Act.
Supporting documentation
MACoastalZones.pdf
Are formal compliance steps or mitigation required?
Yes
(
No
Contamination and Toxic Substances
General requirements
Legislation
Regulations
It is HUD policy that all properties that are being proposed for use in HUD programs be free of hazardous materials, contamination, toxic chemicals and gases, and radioactive substances,
where a hazard could affect the health and safety of the occupants or conflict with the intended utilization of the property.
24 CFR 58.5(i)(2)
24 CFR 50.3(i)
1. How was site contamination evaluated? Select all that apply. Document and upload documentation and reports and evaluation explanation of site contamination below.
American Society for Testing and Materials (ASTM) Phase I Environmental Site Assessment (ESA)
ASTM Phase II ESA
Remediation or clean-up plan
ASTM Vapor Encroachment Screening
(
None of the Above
2. Were any on-site or nearby toxic, hazardous, or radioactive substances found that could affect the health and safety of project occupants or conflict with the intended use of the
property? (Were any recognized environmental conditions or RECs identified in a Phase I ESA and confirmed in a Phase II ESA?)
(
No
Explain:
Hampshire Heights was built in 1951 and has remained a Northampton Housing Authority property since then. There has not been found toxic, hazardous, or radioactive substances on the
site previously.
Based on the response, the review is in compliance with this section.
Yes
Screen Summary
Compliance Determination
Site contamination was evaluated as follows: None of the above. On-site or nearby toxic, hazardous, or radioactive substances that could affect the health and safety of project occupants
or conflict with the intended use of the property were not found. The project is in compliance with contamination and toxic substances requirements.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Endangered Species
General requirements
ESA Legislation
Regulations
Section 7 of the Endangered Species Act (ESA) mandates that federal agencies ensure that actions that they authorize, fund, or carry out shall not jeopardize the continued existence
of federally listed plants and animals or result in the adverse modification or destruction of designated critical habitat. Where their actions may affect resources protected by the
ESA, agencies must consult with the Fish and Wildlife Service and/or the National Marine Fisheries Service (“FWS” and “NMFS” or “the Services”).
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); particularly section 7 (16 USC 1536).
50 CFR Part 402
1. Does the project involve any activities that have the potential to affect specifies or habitats?
No, the project will have No Effect due to the nature of the activities involved in the project.
No, the project will have No Effect based on a letter of understanding, memorandum of agreement, programmatic agreement, or checklist provided by local HUD office
(
Yes, the activities involved in the project have the potential to affect species and/or habitats.
2. Are federally listed species or designated critical habitats present in the action area?
(
No, the project will have No Effect due to the absence of federally listed species and designated critical habitat
Based on the response, the review is in compliance with this section. Document and upload all documents used to make your determination below.
Documentation may include letters from the Services, species lists from the Services’ websites, surveys or other documents and analysis showing that there are no species in the action
area.
Yes, there are federally listed species or designated critical habitats present in the action area.
Screen Summary
Compliance Determination
This project will have No Effect on listed species because there are no listed species or designated critical habitats in the action area. This project is in compliance with the Endangered
Species Act. 241 Jackson Street is not within any mapped Priority or Estimated Habitats polygons according to the 4th Edition Natural Heritage Atlas, August 1, 2017, Massachusetts Natural
Heritage and Endangered Species Program. Priority Habitat is based on the known geographical extent of habitat for all state-listed rare species, both plants and animals, and is codified
under the Massachusetts Endangered Species Act (MESA). Estimated Habitats are a sub-set of the Priority Habitats, and are based on the geographical extent of habitat of state-listed
rare wetlands wildlife and is codified under the Wetlands Protection Act (WPA), which does not protect plants. State-listed wetland wildlife species are protected under the Massachusetts
Endangered Species Act as well as the Wetlands Protection Act.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Explosive and Flammable Hazards
General requirements
Legislation
Regulation
HUD-assisted projects must meet Acceptable Separation Distance (ASD) requirements to protect them from explosive and flammable hazards.
N/A
24 CFR Part 51 Subpart C
1. Is the proposed HUD-assisted project itself the development of a hazardous facility (a facility that mainly stores, handles or processes flammable or combustible chemicals such as
bulk fuel storage facilities and refineries)?
(
No
Yes
2. Does this project include any of the following activities: development, construction, rehabilitation that will increase residential densities, or conversion?
(
No
Based on the response, the review is in compliance with this section.
Yes
Screen Summary
Compliance Determination
Based on the project description the project includes no activities that would require further evaluation under this section. The project is in compliance with explosive and flammable
hazard requirements.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Farmlands Protection
General requirements
Legislation
Regulation
The Farmland Protection Policy Act (FPPA) discourages federal activities that would convert farmland to nonagricultural purposes.
Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.)
7 CFR Part 658
1. Does your project include any activities, including new construction, acquisition of undeveloped land or conversion, that could convert agricultural land to a non-agricultural use?
Yes
(
No
If your project includes new construction, acquisition of undeveloped land or conversion, explain how you determined that agricultural land would not be converted:
The project is installing a playground on an already existing multi-family housing authority property.
Based on the response, the review is in compliance with this section. Document and upload all documents used to make your determination below.
Screen Summary
Compliance Determination
This project does not include any activities that could potentially convert agricultural land to a non-agricultural use. The project is in compliance with the Farmland Protection Policy
Act.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Floodplain Management
General Requirements
Legislation
Regulation
Executive Order 11988, Floodplain Management, requires federal activities to avoid impacts to floodplains and to avoid direct and indirect support of floodplain development to the extent
practicable.
Executive Order 11988
24 CFR 55
1. Do any of the following exemptions apply? Select the applicable citation? [only one selection possible]
55.12(c)(3)
55.12(c)(4)
55.12(c)(5)
55.12(c)(6)
55.12(c)(7)
55.12(c)(8)
55.12(c)(9)
55.12(c)(10)
55.12(c)(11)
(
None of the above
2. Upload a FEMA/FIRM map showing the site here:
HampshireHeightsFEMA.pdf
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.
Does your project occur in a floodplain?
(
No
Based on the response, the review is in compliance with this section.
Yes
Screen Summary
Compliance Determination
This project does not occur in a floodplain. The project is in compliance with Executive Order 11988.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Historic Preservation
General requirements
Legislation
Regulation
Regulations under Section 106 of the National Historic Preservation Act (NHPA) require a consultative process to identify historic properties, assess project impacts on them, and avoid,
minimize, or mitigate adverse effects
Section 106 of the National Historic Preservation Act
(16 U.S.C. 470f)
36 CFR 800 “Protection of Historic Properties” http://www.access.gpo.gov/nara/cfr/waisidx_10/36cfr800_10.html
Threshold
Is Section 106 review required for your project?
No, because the project consists solely of activities listed as exempt in a Programmatic Agreement (PA ). (See the PA Database to find applicable PAs.)
(
No, because the project consists solely of activities included in a No Potential to Cause Effects memo or other determination [36 CFR 800.3(a)(1)].
Yes, because the project includes activities with potential to cause effects (direct or indirect).
Threshold (b). Document and upload the memo or explanation/justification of the other determination below:
The Hampshire Heights property is not designated as a historical property. Further, it is not near a historical property and will not cause effects.
Based on the response, the review is in compliance with this section.
Screen Summary
Compliance Determination
Based on the project description the project has No Potential to Cause Effects. The project is in compliance with Section 106.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Noise Abatement and Control
General requirements
Legislation
Regulation
HUD’s noise regulations protect residential properties from excessive noise exposure. HUD encourages mitigation as appropriate.
Noise Control Act of 1972
General Services Administration Federal Management Circular 75-2: “Compatible Land Uses at Federal Airfields”
Title 24 CFR 51 Subpart B
1. What activities does your project involve? Check all that apply:
New construction for residential use
Rehabilitation of an existing residential property
A research demonstration project which does not result in new construction or reconstruction
An interstate land sales registration
Any timely emergency assistance under disaster assistance provision or appropriations which are provided to save lives, protect property, protect public health and safety, remove debris
and wreckage, or assistance that has the effect of restoring facilities substantially as they existed prior to the disaster
(
None of the above
Screen Summary
Compliance Determination
Based on the project description, this project includes no activities that would require further evaluation under HUD's noise regulation. The project is in compliance with HUD's Noise
regulation.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No
Sole Source Aquifers
General requirements
Legislation
Regulation
The Safe Drinking Water Act of 1974 protects drinking water systems which are the sole or principal drinking water source for an area and which, if contaminated, would create a significant
hazard to public health.
Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300f et seq., and 21 U.S.C. 349)
40 CFR Part 149
1. Does the project consist solely of acquisition, leasing, or rehabilitation of an existing building(s)?
Yes
(
No
2. Is the project located on a sole source aquifer (SSA)?
A sole source aquifer is defined as an aquifer that supplies at least 50 percent of the drinking water consumed in the area overlying the aquifer. This includes streamflow source areas,
which are upstream areas of losing streams that flow into the recharge area.
<
(
No
Based on the response, the review is in compliance with this section. Document and upload documentation used to make your determination, such as a map of your project (or jurisdiction,
if appropriate) in relation to the nearest SSA and its source area, below.
Yes
3. Does your region have a memorandum of understanding (MOU) or other working agreement with Environmental Protection Agency (EPA) for HUD projects impacting a sole source aquifer?
Yes
No
Screen Summary
Compliance Determination
The project is not located on a sole source aquifer area. The project is in compliance with Sole Source Aquifer requirements.
Supporting documentation
SoleSourceAquiferNOHO.pdf
Are formal compliance steps or mitigation required?
Yes
(
No
Wetlands Protection
General requirements
Legislation
Regulation
Executive Order 11990 discourages direct or indirect support of new construction impacting wetlands wherever there is a practicable alternative. The Fish and Wildlife Service’s National
Wetlands Inventory can be used as a primary screening tool, but observed or known wetlands not indicated on NWI maps must also be processed Off-site impacts that result in draining,
impounding, or destroying wetlands must also be processed.
Executive Order 11990
24 CFR 55.20 can be used for general guidance regarding the 8 Step Process.
1. Does this project involve new construction as defined in Executive Order 11990, expansion of a building’s footprint, or ground disturbance? The term "new construction" shall include
draining, dredging, channelizing, filling, diking, impounding, and related activities and any structures or facilities begun or authorized after the effective date of the Order
No
(
Yes
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. Document and upload a map or any other relevant documentation below which explains your determination
Yes, there is a wetland that be impacted in terms of E.O. 11990’s definition of new construction.
Screen Summary
Compliance Determination
The project will not impact on- or off-site wetlands. The project is in compliance with Executive Order 11990. See attached map with the playground outline in green.
Supporting documentation
HampshireHeightsPlaygroundWetlands.pdf
Are formal compliance steps or mitigation required?
Yes
(
No
Wild and Scenic Rivers Act
General requirements
Legislation
Regulation
The Wild and Scenic Rivers Act provides federal protection for certain free-flowing, wild, scenic and recreational rivers designated as components or potential components of the National
Wild and Scenic Rivers System (NWSRS) from the effects of construction or development.
The Wild and Scenic Rivers Act (16 U.S.C. 1271-1287), particularly section 7(b) and (c) (16 U.S.C. 1278(b) and (c))
36 CFR Part 297
1. Is your project within proximity of a NWSRS river?
(
No
Yes, the project is in proximity of a Designated Wild and Scenic River or Study Wild and Scenic River.
Yes, the project is in proximity of a Nationwide Rivers Inventory (NRI) River.
Screen Summary
Compliance Determination
This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act.
Supporting documentation
ScenicRiversNOHO.png
Are formal compliance steps or mitigation required?
Yes
(
No
Environmental Justice
General requirements
Legislation
Regulation
Determine if the project creates adverse environmental impacts upon a low-income or minority community. If it does, engage the community in meaningful participation about mitigating
the impacts or move the project.
Executive Order 12898
HUD strongly encourages starting the Environmental Justice analysis only after all other laws and authorities, including Environmental Assessment factors if necessary, have been completed.
1. Were any adverse environmental impacts identified in any other compliance review portion of this project’s total environmental review?
Yes
(
No
Based on the response, the review is in compliance with this section.
Screen Summary
Compliance Determination
No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898.
Supporting documentation
Are formal compliance steps or mitigation required?
Yes
(
No