tiered environment review for activity/project that is … · 2020-07-06 · flood insurance...
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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: 2020-Barrier-Removal-Program
HEROS Number:
900000010128731
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Certifying Officer: Leirion Gaylor Baird Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: Lincoln, NE
Additional Location Information: N/A
Direct Comments to: In writing:
Urban Development Department 555 South 10th Street, Suite 205 Lincoln, NE 68508 by email: [email protected]
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
2020-Barrier-Removal-Program
Lincoln, NE 900000010128731
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Maps, photographs, and other documentation of project location and description:
2020 Lincoln NE City Limits - As of 041520.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 1 Year Maximum number of dwelling units or lots addressed by this tiered review: 0
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) 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: Signature - Barrier Removal.pdf 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on:
Funding Information
Estimated Total HUD Funded Amount:
$30,000.00
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $30,000.00 Compliance with 24 CFR §50.4, §58.5 and §58.6 Laws and Authorities
Grants to handicapped and disabled low-moderate income households for the removal of architectural barriers in their homes. Barriers typically addressed with this funding include, but are not limited to, ramps, chair lifts, stair lifts, hand rails, doorway modifications, and bathroom modifications.
Grant Number HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
2020-Barrier-Removal-Program
Lincoln, NE 900000010128731
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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 City of Lincoln does not have any residential land uses 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 Yes No The project is located within a state that does not contain CBRS units; therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Yes No The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements.
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Yes No All projects are located within the city limits of Lincoln, Nebraska. Lincoln is not in an EPA-designated non-attainment area for any of the NAAQS criteria pollutants. Projects are in compliance with the Clean Air Act.
Coastal Zone Management Act Yes No No coastal zone management programs exist in the states of HUD Region VII, therefore, this project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
Yes No
Endangered Species Act Yes No Project doesn't involve acquisition of undeveloped land, conversion of land use, demolition, new construction, or major rehabilitation.
Explosive and Flammable Hazards Yes No Project activities do not involve conversion of land use from non-residential to residential use, new
2020-Barrier-Removal-Program
Lincoln, NE 900000010128731
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construction, rehabilitation where density is being increased, or vacant buildings being made habitable. The project is in compliance with explosive and flammable hazard requirements.
Farmlands Protection Yes No The project is located in an established urbanized area within the city limits. The 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 Project activities consist of minor repairs to single-family properties, and do not meet the threshold for "substantial improvements" under 55.2(b)(8). Therefore, the project is not subject to Floodplain Management according to 55.12(b)(2).
Historic Preservation Yes No Noise Abatement and Control Yes No The project does not involve new
construction or conversion of land from non-residential to a residential use.
Sole Source Aquifers Yes No The project is not located on an area with sole source aquifers. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection Yes No Project activities do not involve acquisition of undeveloped land, change in land use, or new construction.
Wild and Scenic Rivers Act Yes No There are no Wild and Scenic Rivers listed on the National Park Service for Lincoln, Nebraska, nor are there any on the National River Inventory. The project is in compliance with the Wild and Scenic Rivers Act.
ENVIRONMENTAL JUSTICE
Environmental Justice Yes No
Supporting documentation
Air Quality-Status of Designated Areas.pdf Coastal Barrier Resources.pdf Coastal Zone Management.pdf
Urban Development Dept_City of Lincoln_ngpc comments.pdf Endangered Species Act Worksheet.pdf Endangered Species - Barrier Removal .pdf
2020-Barrier-Removal-Program
Lincoln, NE 900000010128731
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Farmlands Protection.pdf Floodplain Management Worksheet - exempt(1).pdf Floodplain Management Worksheet - exempt.pdf
Section 106 Tribal Consult - Barrier Removal.pdf Sole Source Aquifers.pdf Wetlands Protection Worksheet.pdf Wild and Scenic Rivers-Nebraska.pdf Nationwide Rivers Inventory.pdf
Airport Hazards.pdf Explosive and Flammable Facilities Worksheet.pdf Noise Abatement and Control 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
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
2 Historic Preservation
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
3 Environmental Justice
Compliance with all laws and authorities as well as a determination of no adverse environmental impacts is required for Environmental Justice. The projects serve populations that are protected under this Executive Order.
Supporting documentation
APPENDIX A: Site Specific Reviews
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b)
Project Information
Project Name: 2020-CHDO-Operations HEROS Number:
900000010128270
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508 State / Local Identifier: RE Preparer: Ronald L Cane Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: 2530 Q St, Lincoln, NE 68503 Additional Location Information: N/A
Level of Environmental Review Determination: Activity / Project is Categorically Excluded Not Subject to per 24 CFR 58.35(b): 58.35(b)(3)
Signature Page Signature - CHDO Operations.pdf
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Assistance to NeighborWorks Lincoln (a Community Housing Development Organization) providing for a portion of the organization's operating costs and for a portion of the staffing and administrative costs for CHDO activities.
2020-CHDO-Operations Lincoln, NE 900000010128270
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Funding Information
Estimated Total HUD Funded, Assisted or Insured Amount:
$36,278.00
Compliance with 24 CFR §50.4 & §58.6 Laws and Authorities
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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 Runway Clear Zones and Clear Zones 24 CFR part 51
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 Airport Runway Clear Zone 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 located in a state that does not contain CBRS units. Therefore, this project 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
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance
Grant / Project Identification Number
HUD Program Program Name
M-20-MC-31-0202 Community Planning and Development (CPD) HOME Program
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $150,000.00
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Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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
Program (NFIP). The project is in compliance with Flood Insurance requirements.
Mitigation Measures and Conditions [CFR 40 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 Supporting documentation on completed measures
2020-CHDO-Operations Lincoln, NE 900000010128270
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APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones
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. Does the project involve the sale or acquisition of developed property?
No
Based on the response, the review is in compliance with this section.
Yes
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 Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
2020-CHDO-Operations Lincoln, NE 900000010128270
06/29/2020 11:09 Page 5 of 6
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)
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No
2020-CHDO-Operations Lincoln, NE 900000010128270
06/29/2020 11:09 Page 6 of 6
Flood Insurance General requirements Legislation Regulation
Certain types of federal financial assistance may not be
used in floodplains unless the community participates
in National Flood Insurance Program and flood
insurance is both obtained and maintained.
Flood Disaster
Protection Act of 1973
as amended (42 USC
4001-4128)
24 CFR 50.4(b)(1)
and 24 CFR 58.6(a)
and (b); 24 CFR
55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section. Yes
Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b)
Project Information
Project Name: 2020-Code-Enforcement HEROS Number:
900000010130144
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508 State / Local Identifier: RE Preparer: Ronald L Cane Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: 555 S 10th St, Lincoln, NE 68508 Additional Location Information: Northeast Lincoln (north of O St, east of 27th St).
Level of Environmental Review Determination Activity / Project is Exempt per 24 CFR 58.34(a): 58.34(a)(3) 58.34(a)(5) 58.34(a)(6)
Signature Page Signature - Code Enforcement .pdf
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Financial assistance for funding one of the code inspectors.
2020-Code-Enforcement Lincoln, NE 900000010130144
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Funding Information
Estimated Total HUD Funded, Assisted or Insured Amount:
$100,000.00
Compliance with 24 CFR §50.4 & §58.6 Laws and Authorities
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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 Runway Clear Zones and Clear Zones 24 CFR part 51
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 Airport Runway Clear Zone 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 located in a state that does not contain CBRS units. Therefore, this project 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
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance
Grant / Project Identification Number
HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $100,000.00
2020-Code-Enforcement Lincoln, NE 900000010130144
06/29/2020 11:24 Page 3 of 6
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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
Program (NFIP). The project is in compliance with Flood Insurance requirements.
Mitigation Measures and Conditions [CFR 40 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 Supporting documentation on completed measures
2020-Code-Enforcement Lincoln, NE 900000010130144
06/29/2020 11:24 Page 4 of 6
APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones
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. Does the project involve the sale or acquisition of developed property?
No
Based on the response, the review is in compliance with this section.
Yes
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 Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
2020-Code-Enforcement Lincoln, NE 900000010130144
06/29/2020 11:24 Page 5 of 6
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)
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No
2020-Code-Enforcement Lincoln, NE 900000010130144
06/29/2020 11:24 Page 6 of 6
Flood Insurance General requirements Legislation Regulation
Certain types of federal financial assistance may not be
used in floodplains unless the community participates
in National Flood Insurance Program and flood
insurance is both obtained and maintained.
Flood Disaster
Protection Act of 1973
as amended (42 USC
4001-4128)
24 CFR 50.4(b)(1)
and 24 CFR 58.6(a)
and (b); 24 CFR
55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section. Yes
Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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: 2020-Direct-or-Deferred-Loan-Program
HEROS Number:
900000010128830
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Certifying Officer: Leirion Gaylor Baird Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: Lincoln, NE
Additional Location Information: N/A
Direct Comments to: In writing:
Urban Development Department 555 South 10th Street, Suite 205 Lincoln, NE 68508 by email: [email protected]
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
2020-Direct-or-Deferred-Loan-Program
Lincoln, NE 900000010128830
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Maps, photographs, and other documentation of project location and description:
2020 Lincoln NE City Limits - As of 041520.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 1 Year Maximum number of dwelling units or lots addressed by this tiered review: 0
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)(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: Signature - DPL.pdf 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on:
Funding Information
Estimated Total HUD Funded Amount:
$520,000.00
The Direct or Deferred Loan Program provides CDBG funding to homeowners for rehabilitation of their homes. Improvements do not necessarily address an immediate threat to health or safety, but often address repairs critical to the continued structural integrity and livability of the home. Direct loans are 0% loans with monthly payments. Maximum loan assistance is $25,000. Any outstanding balance is immediately due if there is a sale, transfer of ownership, or change in occupancy. Deferred loans are 0% loans for those borrowers with higher debt-to-income ratios than Direct Loan participants. Maximum loan assistance is $25,000. Loan payments are deferred for two years to allow borrowers time to budget for a new monthly obligation. Any outstanding balance is immediately due upon sale, transfer of ownership, or change in occupancy.
Grant Number HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
2020-Direct-or-Deferred-Loan-Program
Lincoln, NE 900000010128830
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Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $520,000.00 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 City of Lincoln does not have any residential land uses 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 Yes No The project is located within a state that does not contain CBRS units; therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Yes No
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Yes No All projects are located within the city limits of Lincoln, Nebraska. Lincoln is not in an EPA-designated non-attainment area for any of the NAAQS criteria pollutants. Projects are in compliance with the Clean Air Act.
Coastal Zone Management Act Yes No No coastal zone management programs exist in the states of HUD Region VII, therefore, this project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
Yes No
Endangered Species Act Yes No Project does not involve acquisition of undeveloped land, conversion of land use, demolition, new construction, or major rehabilitation.
Explosive and Flammable Hazards Yes No Project activities do not involve conversion of land use from non-residential to residential use, new construction, rehabilitation where density is being increased, or vacant buildings being made habitable. The
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project is in compliance with explosive and flammable hazard requirements.
Farmlands Protection Yes No The project is located in an established urbanized area within the city limits. The 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 Project activities consist of minor repairs to single-family properties, and do not meet the threshold for "substantial improvements" under 55.2(b)(8). Therefore, the project is not subject to Floodplain Management according to 55.12(b)(2).
Historic Preservation Yes No
Noise Abatement and Control Yes No The project does not involve new construction or conversion of land from non-residential to a residential use.
Sole Source Aquifers Yes No The project is not located on an area with sole source aquifers. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection Yes No Project activities do not involve acquisition of undeveloped land, change in land use, or new construction.
Wild and Scenic Rivers Act Yes No There are no Wild and Scenic Rivers listed on the National Park Service for Lincoln, Nebraska, nor are there any on the National River Inventory. The project is in compliance with the Wild and Scenic Rivers Act.
ENVIRONMENTAL JUSTICE
Environmental Justice Yes No Supporting documentation
Air Quality-Status of Designated Areas.pdf
Coastal Barrier Resources.pdf Coastal Zone Management.pdf Urban Development Dept_City of Lincoln_ngpc comments.pdf
Endangered Species Act Worksheet.pdf Endangered Species - DPL.pdf Farmlands Protection.pdf Floodplain Management Worksheet - excepted.pdf Section 106 Tribal Consult - DPL.pdf
2020-Direct-or-Deferred-Loan-Program
Lincoln, NE 900000010128830
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Sole Source Aquifers.pdf Wetlands Protection Worksheet.pdf Wild and Scenic Rivers-Nebraska.pdf
Nationwide Rivers Inventory.pdf Airport Hazards.pdf Explosive and Flammable Facilities Worksheet.pdf Noise Abatement and Control 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 Flood Insurance
Flood Insurance will be addressed in Tier II reviews as specific sites are identified. A FIRMette map showing the project location will be generated for each property to determine if it is in a Special Flood Hazard Area (SFHA). If a project proceeds in the SFHA, required documentation will include a copy of the flood insurance policy declaration.
2 Contamination and Toxic Substances
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
3 Historic Preservation
Historic Preservation will be addressed in Tier II reviews as specific sites are identified. All properties more than 50 years old will be reviewed to determine if the property is listed on the Nebraska State Historical Society National Register of Historic Places. Per the Programmatic Agreement, properties less than 50 years old do not require review with the State Historic Preservation Office. If project activities are not exempted under the Programmatic Agreement, consultation will be carried out through the Section 106 process.
4 Environmental Justice
Compliance with all laws and authorities as well as a determination of no adverse environmental impacts is required for Environmental Justice. The projects serve populations that are protected under this Executive Order.
Supporting documentation
APPENDIX A: Site Specific Reviews
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: 2020-Emergency-Repair-Loan-Program
HEROS Number:
900000010128669
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Certifying Officer: Leirion Gaylor Baird Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: Lincoln, NE
Additional Location Information: N/A
Direct Comments to: In writing:
Urban Development Department 555 South 10th Street, Suite 205 Lincoln, NE 68508 by email: [email protected]
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
2020-Emergency-Repair-Loan-Program
Lincoln, NE 900000010128669
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Maps, photographs, and other documentation of project location and description:
2020 Lincoln NE City Limits - As of 041520.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 1 Year Maximum number of dwelling units or lots addressed by this tiered review: 60
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)(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: Signature - Emergency Repair.pdf 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on:
Funding Information
Estimated Total HUD Funded Amount:
$590,030.00
The Emergency Repair Loan Program provides CDBG funds for rehabilitation to correct housing deficiencies that present an immediate threat to health or life safety. Examples include, but are not limited to, roof repair, furnace/air conditioner, hot water heater replacement, and water/sewer line repair. Emergency Repair loans are 0% loans. Maximum loan assistance is $25,000. Payment is due upon sale, transfer of ownership, or change of occupancy if the borrower has no prior outstanding Emergency Loan Program balance. If the borrower has a prior balance exceeding $3500, monthly payments are required on the new loan, with all outstanding balances immediately due upon sale, transfer of ownership, or change in occupancy.
Grant Number HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
2020-Emergency-Repair-Loan-Program
Lincoln, NE 900000010128669
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Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $590,030.00 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 City of Lincoln does not have any residential land uses 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 Yes No The project is located within a state that does not contain CBRS units; therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Yes No
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Yes No All projects are located within the city limits of Lincoln, Nebraska. Lincoln is not in an EPA-designated non-attainment area for any of the NAAQS criteria pollutants. Projects are in compliance with the Clean Air Act.
Coastal Zone Management Act Yes No No coastal zone management programs exist in the states of HUD Region VII, therefore, this project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
Yes No
Endangered Species Act Yes No Project does not involve acquisition of undeveloped land, conversion of land use, demolition, new construction, or major rehabilitation.
Explosive and Flammable Hazards Yes No Project activities do not involve conversion of land use from non-residential to residential use, new construction, rehabilitation where density is being increased, or vacant buildings being made habitable. The project is in compliance with explosive
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and flammable hazard requirements.
Farmlands Protection Yes No The project is located in an established urbanized area within the city limits. The 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 Project activities consist of minor repairs to single-family properties, and do not meet the threshold for "substantial improvements" under 55.2(b)(8). Therefore, the project is not subject to Floodplain Management according to 55.12(b)(2).
Historic Preservation Yes No
Noise Abatement and Control Yes No The project does not involve new construction or conversion of land from non-residential to a residential use.
Sole Source Aquifers Yes No The project is not located on an area with sole source aquifers. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection Yes No Project activities do not involve acquisition of undeveloped land, change in land use, or new construction.
Wild and Scenic Rivers Act Yes No There are no Wild and Scenic Rivers listed on the National Park Service for Lincoln, Nebraska, nor are there any on the National River Inventory. The project is in compliance with the Wild and Scenic Rivers Act.
ENVIRONMENTAL JUSTICE
Environmental Justice Yes No Supporting documentation
Air Quality-Status of Designated Areas.pdf
Coastal Barrier Resources.pdf
Coastal Zone Management.pdf
Urban Development Dept_City of Lincoln_ngpc comments.pdf Endangered Species Act Worksheet.pdf Endangered Species - ER.pdf Farmlands Protection.pdf Floodplain Management Worksheet - excepted.pdf Section 106 Tribal Consult - ER.pdf Sole Source Aquifers.pdf
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Wetlands Protection Worksheet.pdf Wild and Scenic Rivers-Nebraska.pdf Nationwide Rivers Inventory.pdf
Airport Hazards.pdf Explosive and Flammable Facilities Worksheet.pdf Noise Abatement and Control 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 Flood Insurance
Flood Insurance will be addressed in Tier II reviews as specific sites are identified. A FIRMette map showing the project location will be generated for each property to determine if it is in a Special Flood Hazard Area (SFHA). If a project proceeds in the SFHA, required documentation will include a copy of the flood insurance policy declaration.
2 Contamination and Toxic Substances
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
3 Historic Preservation
Historic Preservation will be addressed in Tier II reviews as specific sites are identified. All properties more than 50 years old will be reviewed to determine if the property is listed on the Nebraska State Historical Society National Register of Historic Places. Per the Programmatic Agreement, properties less than 50 years old do not require review with the State Historic Preservation Office. If project activities are not exempted under the Programmatic Agreement, consultation will be carried out through the Section 106 process.
4 Environmental Justice
Compliance with all laws and authorities as well as a determination of no adverse environmental impacts is required for Environmental Justice. The projects serve populations that are protected under this Executive Order.
Supporting documentation
APPENDIX A: Site Specific Reviews
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b)
Project Information
Project Name: 2020-ESG-Data-Collection HEROS Number:
900000010128489
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508 State / Local Identifier: RE Preparer: Ronald L Cane Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: 206 S 13th St, Lincoln, NE 68508 Additional Location Information: N/A
Level of Environmental Review Determination Activity / Project is Exempt per 24 CFR 58.34(a): 58.34(a)(2)
Signature Page Signature - ESG Data Collection .pdf
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: ESG funds are used to pay for the costs of participating in and contributing to the HMIS designated by the Continuum of Care for the area.
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Funding Information
Estimated Total HUD Funded, Assisted or Insured Amount:
$45,000.00
Compliance with 24 CFR §50.4 & §58.6 Laws and Authorities
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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 Runway Clear Zones and Clear Zones 24 CFR part 51
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 Airport Runway Clear Zone 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 located in a state that does not contain CBRS units. Therefore, this project 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
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in
Grant / Project Identification Number
HUD Program Program Name
E-20-MC-31-0001 Community Planning and Development (CPD)
Emergency Solutions Grants (ESG) Program
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $105,000.00
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Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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
compliance with Flood Insurance requirements.
Mitigation Measures and Conditions [CFR 40 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 Supporting documentation on completed measures
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APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones
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. Does the project involve the sale or acquisition of developed property?
No
Based on the response, the review is in compliance with this section.
Yes
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 Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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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)
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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Flood Insurance General requirements Legislation Regulation
Certain types of federal financial assistance may not be
used in floodplains unless the community participates
in National Flood Insurance Program and flood
insurance is both obtained and maintained.
Flood Disaster
Protection Act of 1973
as amended (42 USC
4001-4128)
24 CFR 50.4(b)(1)
and 24 CFR 58.6(a)
and (b); 24 CFR
55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section. Yes
Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b)
Project Information
Project Name: 2020-ESG-Homeless-Prevention HEROS Number:
900000010128479
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508 State / Local Identifier: RE Preparer: Ronald L Cane Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: 210 O St, Lincoln, NE 68508 Additional Location Information: N/A
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Housing relocation and stabilization services and short- and/or medium-term rental assistance as necessary to prevent the individual or family from moving to an emergency shelter, a place not meant for human habitation, or another place described in paragraph (1) of the homeless definition. The costs of homelessness prevention are only eligible to the extent that the assistance is necessary to help the program participant regain stability in their current housing or move into other permanent housing and achieve stability in that housing. Eligible costs include - Rental Assistance: rental assistance and rental arrears; Financial Assistance: rental application fees, security and utility deposits, utility payments, last month's rent, moving costs; Services: housing search and placement, housing stability case management, landlord-tenant mediation, tenant legal services, credit repair.
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Level of Environmental Review Determination: Activity / Project is Categorically Excluded Not Subject to per 24 CFR 58.35(b): 58.35(b)(1) 58.35(b)(2) 58.35(b)(3)
Signature Page Signature - ESG Homeless Prevention.pdf
Funding Information
Estimated Total HUD Funded, Assisted or Insured Amount:
$125,000.00
Compliance with 24 CFR §50.4 & §58.6 Laws and Authorities
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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 Runway Clear Zones and Clear Zones 24 CFR part 51
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 Airport Runway Clear Zone requirements.
Coastal Barrier Resources Act Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 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 Resources Act.
Grant / Project Identification Number
HUD Program Program Name
E-20-MC-31-0001 Community Planning and Development (CPD)
Emergency Solutions Grants (ESG) Program
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $300,000.00
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Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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
3501]
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
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements.
Mitigation Measures and Conditions [CFR 40 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 Supporting documentation on completed measures
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APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones
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. Does the project involve the sale or acquisition of developed property?
No
Based on the response, the review is in compliance with this section.
Yes
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 Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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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)
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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Flood Insurance General requirements Legislation Regulation
Certain types of federal financial assistance may not be
used in floodplains unless the community participates
in National Flood Insurance Program and flood
insurance is both obtained and maintained.
Flood Disaster
Protection Act of 1973
as amended (42 USC
4001-4128)
24 CFR 50.4(b)(1)
and 24 CFR 58.6(a)
and (b); 24 CFR
55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section. Yes
Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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: 2020-First-Time-Homebuyer-Program
HEROS Number:
900000010128659
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Certifying Officer: Leirion Gaylor Baird Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: Lincoln, NE
Additional Location Information: N/A
Direct Comments to: In writing:
Urban Development Department 555 South 10th Street, Suite 205 Lincoln, NE 68508 by email: [email protected]
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
2020-First-Time-Homebuyer-Program
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Maps, photographs, and other documentation of project location and description:
2020 Lincoln NE City Limits - As of 041520.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 1 Year Maximum number of dwelling units or lots addressed by this tiered review: 50
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)(3) 58.35(a)(5) 58.35(a)(6) 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: Signature - First Time Home Buyer.pdf 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on:
Funding Information
The First Home Program offers first mortgage financing from participating lenders and second mortgage financing from the City of Lincoln. The second mortgage uses HOME funds to assist a home buyer with down payment assistance, closing costs and rehabilitation. Maximum loan assistance in the NRSA is $20,000. The City of Lincoln reduces the amount of direct HOME subsidy received by the homebuyer on a pro-rata basis for the time the homebuyer has owned and occupied the housing over a 10 year period, with 100% of the funds forgiven at the end of the 10 years. Maximum loan assistance in the LMI areas is $20,000. The City of Lincoln reduces the amount of direct HOME subsidy received by the homebuyer on a pro-rata basis for the time the homebuyer has owned and occupied the housing over a 10 year period, with 50% of the funds forgiven at the end of the 10 years. The balance is deferred until change of occupancy. Maximum loan assistance outside the NRSA and LMI areas within the city limits is $15,000. The balance is deferred until change of occupancy.
Grant Number HUD Program Program Name
M-20-MC-31-0202 Community Planning and HOME Program
2020-First-Time-Homebuyer-Program
Lincoln, NE 900000010128659
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Estimated Total HUD Funded Amount:
$851,697.00
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $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 City of Lincoln does not have any residential land uses 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 Yes No The project is located within a state that does not contain CBRS units; therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Yes No
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Yes No All projects are located within the city limits of Lincoln, Nebraska. Lincoln is not in an EPA-designated non-attainment area for any of the NAAQS criteria pollutants. Projects are in compliance with the Clean Air Act.
Coastal Zone Management Act Yes No No coastal zone management programs exist in the states of HUD Region VII, therefore, this project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
Yes No
Endangered Species Act Yes No Project does not involve acquisition of undeveloped land, conversion of land use, demolition, new construction, or major rehabilitation.
Explosive and Flammable Hazards Yes No Project activities do not involve conversion of land use from non-
Development (CPD)
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residential to residential use, new construction, rehabilitation where density is being increased, or vacant buildings being made habitable. The project is in compliance with explosive and flammable hazard requirements.
Farmlands Protection Yes No The project is located in an established urbanized area within the city limits. The 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 Project activities consist of minor repairs to single-family properties, and do not meet the threshold for "substantial improvements" under 55.2(b)(8). Therefore, the project is not subject to Floodplain Management according to 55.12(b)(2).
Historic Preservation Yes No Noise Abatement and Control Yes No The project does not involve new
construction or conversion of land from non-residential to a residential use.
Sole Source Aquifers Yes No The project is not located on an area with sole source aquifers. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection Yes No Project activities do not involve acquisition of undeveloped land, change in land use, or new construction.
Wild and Scenic Rivers Act Yes No There are no Wild and Scenic Rivers listed on the National Park Service for Lincoln, Nebraska, nor are there any on the National River Inventory. The project is in compliance with the Wild and Scenic Rivers Act.
ENVIRONMENTAL JUSTICE
Environmental Justice Yes No Supporting documentation
Air Quality-Status of Designated Areas.pdf Coastal Barrier Resources.pdf Coastal Zone Management.pdf Urban Development Dept_City of Lincoln_ngpc comments.pdf Endangered Species Act Worksheet.pdf
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Endangered Species - FTHB.pdf Farmlands Protection.pdf Floodplain Management Worksheet - excepted.pdf
Section 106 Tribal Consult - FTHB.pdf Sole Source Aquifers.pdf Wetlands Protection Worksheet.pdf Wild and Scenic Rivers-Nebraska.pdf Nationwide Rivers Inventory.pdf
Airport Hazards.pdf Explosive and Flammable Facilities Worksheet.pdf Noise Abatement and Control 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 Flood Insurance
Flood Insurance will be addressed in Tier II reviews as specific sites are identified. A FIRMette map showing the project location will be generated for each property to determine if it is in a Special Flood Hazard Area (SFHA). If a project proceeds in the SFHA, required documentation will include a copy of the flood insurance policy declaration.
2 Contamination and Toxic Substances
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
3 Historic Preservation
Historic Preservation will be addressed in Tier II reviews as specific sites are identified. All properties more than 50 years old will be reviewed to determine if the property is listed on the Nebraska State Historical Society National Register of Historic Places. Per the Programmatic Agreement, properties less than 50 years old do not require review with the State Historic Preservation Office. If project activities are not exempted under the Programmatic Agreement, consultation will be carried out through the Section 106 process.
4 Environmental Justice
Compliance with all laws and authorities as well as a determination of no adverse environmental impacts is required for Environmental Justice. The projects serve populations that are protected under this Executive Order.
Supporting documentation
APPENDIX A: Site Specific Reviews
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b)
Project Information
Project Name: 2020-First-Time-Homebuyer-Training HEROS Number:
900000010128276
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508 State / Local Identifier: RE Preparer: Ronald L Cane Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: 2530 Q St, Lincoln, NE 68503 Additional Location Information: N/A
Level of Environmental Review Determination: Activity / Project is Categorically Excluded Not Subject to per 24 CFR 58.35(b): 58.35(b)(3)
Signature Page Signature - FTHB Training.pdf
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: CDBG assistance to NeighborWorks Lincoln (a Community Based Development Organization) providing for a portion of the organization's operating costs adn for a portion of the staffing and administrative costs for the First Time Homebuyer Education classes.
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Funding Information
Estimated Total HUD Funded, Assisted or Insured Amount:
$40,742.00
Compliance with 24 CFR §50.4 & §58.6 Laws and Authorities
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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 Runway Clear Zones and Clear Zones 24 CFR part 51
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 Airport Runway Clear Zone 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 located in a state that does not contain CBRS units. Therefore, this project 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
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance
Grant / Project Identification Number
HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $125,000.00
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Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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
Program (NFIP). The project is in compliance with Flood Insurance requirements.
Mitigation Measures and Conditions [CFR 40 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 Supporting documentation on completed measures
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APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones
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. Does the project involve the sale or acquisition of developed property?
No
Based on the response, the review is in compliance with this section.
Yes
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 Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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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)
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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Flood Insurance General requirements Legislation Regulation
Certain types of federal financial assistance may not be
used in floodplains unless the community participates
in National Flood Insurance Program and flood
insurance is both obtained and maintained.
Flood Disaster
Protection Act of 1973
as amended (42 USC
4001-4128)
24 CFR 50.4(b)(1)
and 24 CFR 58.6(a)
and (b); 24 CFR
55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section. Yes
Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b)
Project Information
Project Name: 2020-General-Program-Administration HEROS Number:
900000010128268
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508 State / Local Identifier: RE Preparer: Ronald L Cane Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: 555 S 10th St, Lincoln, NE 68508 Additional Location Information: N/A
Level of Environmental Review Determination Activity / Project is Exempt per 24 CFR 58.34(a): 58.34(a)(1) 58.34(a)(2) 58.34(a)(3) 58.34(a)(6)
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Funding to pay Administration Division staffing and overhead costs for the Community Development Block Grant (CDBG) program. Also includes staffing for the Livable Neighborhoods Division for the CDBG program.
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Signature Page Signature - General Program Admin.pdf
Funding Information
Estimated Total HUD Funded, Assisted or Insured Amount:
$455,849.00
Compliance with 24 CFR §50.4 & §58.6 Laws and Authorities
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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 Runway Clear Zones and Clear Zones 24 CFR part 51
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 Airport Runway Clear Zone 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 located in a state that does not contain CBRS units. Therefore, this project 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
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance
Grant / Project Identification Number
HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $455,849.00
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Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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
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.
Mitigation Measures and Conditions [CFR 40 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 Supporting documentation on completed measures
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APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones
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. Does the project involve the sale or acquisition of developed property?
No
Based on the response, the review is in compliance with this section.
Yes
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 Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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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)
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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Flood Insurance General requirements Legislation Regulation
Certain types of federal financial assistance may not be
used in floodplains unless the community participates
in National Flood Insurance Program and flood
insurance is both obtained and maintained.
Flood Disaster
Protection Act of 1973
as amended (42 USC
4001-4128)
24 CFR 50.4(b)(1)
and 24 CFR 58.6(a)
and (b); 24 CFR
55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section. Yes
Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b)
Project Information
Project Name: 2020-HOME-Program-Administration HEROS Number:
900000010128264
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508 State / Local Identifier: RE Preparer: Ronald L Cane Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: 555 S 10th St, Lincoln, NE 68508 Additional Location Information: N/A
Level of Environmental Review Determination Activity / Project is Exempt per 24 CFR 58.34(a): 58.34(a)(1) 58.34(a)(2) 58.34(a)(3) 58.34(a)(5) 58.34(a)(6)
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Administer the City's HOME funds in accordance with Federal regulations through program development, fund allocation, and implementation of activities.
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Signature Page Signature - HOME Program Admin.pdf
Funding Information
Estimated Total HUD Funded, Assisted or Insured Amount:
$112,630.00
Compliance with 24 CFR §50.4 & §58.6 Laws and Authorities
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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 Runway Clear Zones and Clear Zones 24 CFR part 51
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 Airport Runway Clear Zone 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 located in a state that does not contain CBRS units. Therefore, this project 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
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance
Grant / Project Identification Number
HUD Program Program Name
M-20-MC-31-0202 Community Planning and Development (CPD) HOME Program
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $112,630.00
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Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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
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.
Mitigation Measures and Conditions [CFR 40 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 Supporting documentation on completed measures
2020-HOME-Program-Administration
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APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones
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. Does the project involve the sale or acquisition of developed property?
No
Based on the response, the review is in compliance with this section.
Yes
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 Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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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)
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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Flood Insurance General requirements Legislation Regulation
Certain types of federal financial assistance may not be
used in floodplains unless the community participates
in National Flood Insurance Program and flood
insurance is both obtained and maintained.
Flood Disaster
Protection Act of 1973
as amended (42 USC
4001-4128)
24 CFR 50.4(b)(1)
and 24 CFR 58.6(a)
and (b); 24 CFR
55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section. Yes
Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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: 2020-Homeless-Provider-Landlord-Housing-Rehabilitation
HEROS Number:
900000010128846
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Certifying Officer: Leirion Gaylor Baird Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: Lincoln, NE
Additional Location Information: N/A
Direct Comments to: In writing:
Urban Development Department 555 South 10th Street, Suite 205 Lincoln, NE 68508 by email: [email protected]
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
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Maps, photographs, and other documentation of project location and description:
2020 Lincoln NE City Limits - As of 041520.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 1 Year Maximum number of dwelling units or lots addressed by this tiered review: 5
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)(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: Signature - Homeless Provider Rehab.pdf 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on:
Funding Information
Estimated Total HUD Funded Amount:
$25,000.00
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $25,000.00
The City will reduce barriers to rehousing the homeless by creating a pool of resources for landlords who choose to house those exiting homelessness. These resources are needed to rehabilitate units should damages occur, and bring lower quality units up to standard for use by those exiting homelessness.
Grant Number HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
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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 City of Lincoln does not have any residential land uses 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 Yes No The project is located within a state that does not contain CBRS units; therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Yes No
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Yes No All projects are located within the city limits of Lincoln, Nebraska. Lincoln is not in an EPA-designated non-attainment area for any of the NAAQS criteria pollutants. Projects are in compliance with the Clean Air Act.
Coastal Zone Management Act Yes No No coastal zone management programs exist in the states of HUD Region VII, therefore, this project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
Yes No
Endangered Species Act Yes No Project does not involve acquisition of undeveloped land, conversion of land use, demolition, new construction, or major rehabilitation.
Explosive and Flammable Hazards Yes No Project activities do not involve conversion of land use from non-residential to residential use, new construction, rehabilitation where density is being increased, or vacant buildings being made habitable. The project is in compliance with explosive
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and flammable hazard requirements.
Farmlands Protection Yes No The project is located in an established urbanized area within the city limits. The 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 Project activities consist of minor repairs to single-family properties, and do not meet the threshold for "substantial improvements" under 55.2(b)(8). Therefore, the project is not subject to Floodplain Management according to 55.12(b)(2).
Historic Preservation Yes No
Noise Abatement and Control Yes No The project does not involve new construction or conversion of land from non-residential to a residential use.
Sole Source Aquifers Yes No The project is not located on an area with sole source aquifers. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection Yes No Project activities do not involve acquisition of undeveloped land, change in land use, or new construction.
Wild and Scenic Rivers Act Yes No There are no Wild and Scenic Rivers listed on the National Park Service for Lincoln, Nebraska, nor are there any on the National River Inventory. The project is in compliance with the Wild and Scenic Rivers Act.
ENVIRONMENTAL JUSTICE
Environmental Justice Yes No Supporting documentation
Air Quality-Status of Designated Areas.pdf
Coastal Barrier Resources.pdf Coastal Zone Management.pdf Urban Development Dept_City of Lincoln_ngpc comments.pdf
Endangered Species Act Worksheet.pdf Endangered Species - Landlord Rehab.pdf Farmlands Protection.pdf Floodplain Management Worksheet - excepted.pdf Section 106 Tribal Consult - Landlord Rehab.pdf
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Sole Source Aquifers.pdf Wetlands Protection Worksheet.pdf Wild and Scenic Rivers-Nebraska.pdf
Nationwide Rivers Inventory.pdf Airport Hazards.pdf Explosive and Flammable Facilities Worksheet.pdf Noise Abatement and Control 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 Flood Insurance
Flood Insurance will be addressed in Tier II reviews as specific sites are identified. A FIRMette map showing the project location will be generated for each property to determine if it is in a Special Flood Hazard Area (SFHA). If a project proceeds in the SFHA, required documentation will include a copy of the flood insurance policy declaration.
2 Contamination and Toxic Substances
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
3 Historic Preservation
Historic Preservation will be addressed in Tier II reviews as specific sites are identified. All properties more than 50 years old will be reviewed to determine if the property is listed on the Nebraska State Historical Society National Register of Historic Places. Per the Programmatic Agreement, properties less than 50 years old do not require review with the State Historic Preservation Office. If project activities are not exempted under the Programmatic Agreement, consultation will be carried out through the Section 106 process.
4 Environmental Justice
Compliance with all laws and authorities as well as a determination of no adverse environmental impacts is required for Environmental Justice. The projects serve populations that are protected under this Executive Order.
Supporting documentation
APPENDIX A: Site Specific Reviews
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: 2020-Housing-Development-Loan-Program
HEROS Number:
900000010128491
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Certifying Officer: Leirion Gaylor Baird Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: Lincoln, NE
Additional Location Information: N/A
Direct Comments to: In writing:
Urban Development Department 555 South 10th Street, Suite 205 Lincoln, NE 68508 by email: [email protected]
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
2020-Housing-Development-Loan-Program
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Maps, photographs, and other documentation of project location and description:
2020 Lincoln NE City Limits - As of 041520.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 1 Year Maximum number of dwelling units or lots addressed by this tiered review: 4
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)(4) 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: Signature - HDLP.pdf 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on:
Funding Information
Estimated Total HUD Funded Amount:
$125,000.00
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $125,000.00 Compliance with 24 CFR §50.4, §58.5 and §58.6 Laws and Authorities
The Housing Development Loan Program generally provides HOME funds for the acquisition of buildable lots (but may also be used for demolition of donated buildings) for the development of single-family housing in built areas.
Grant Number HUD Program Program Name
M-20-MC-31-0202 Community Planning and Development (CPD) HOME Program
2020-Housing-Development-Loan-Program
Lincoln, NE 900000010128491
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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 City of Lincoln does not have any residential land uses 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 Yes No The project is located within a state that does not contain CBRS units; therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Yes No
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Yes No All projects are located within the city limits of Lincoln, Nebraska. Lincoln is not in an EPA-designated non-attainment area for any of the NAAQS criteria pollutants. Projects are in compliance with the Clean Air Act.
Coastal Zone Management Act Yes No No coastal zone management programs exist in the states of HUD Region VII, therefore, this project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
Yes No
Endangered Species Act Yes No Explosive and Flammable Hazards Yes No
Farmlands Protection Yes No The project is located in an established urbanized area within the city limits. The 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
Historic Preservation Yes No
Noise Abatement and Control Yes No Sole Source Aquifers Yes No The project is not located on an area
with sole source aquifers. The project is in compliance with Sole Source Aquifer requirements.
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Wetlands Protection Yes No
Wild and Scenic Rivers Act Yes No There are no Wild and Scenic Rivers listed on the National Park Service for Lincoln, Nebraska, nor are there any on the National River Inventory. The project is in compliance with the Wild and Scenic Rivers Act.
ENVIRONMENTAL JUSTICE
Environmental Justice Yes No Supporting documentation
Air Quality-Status of Designated Areas.pdf
Coastal Barrier Resources.pdf Coastal Zone Management.pdf
Farmlands Protection.pdf
THPO Response - HDLP.pdf Section 106 Tribal Consult - HDLP.pdf Tribal Directory Assessment Information.pdf
Sole Source Aquifers.pdf Wild and Scenic Rivers-Nebraska.pdf
Nationwide Rivers Inventory.pdf Airport Hazards.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 Flood Insurance
Flood Insurance will be addressed in Tier II reviews as specific sites are identified. A FIRMette map showing the project location will be generated for each property to determine if it is in a Special Flood Hazard Area (SFHA). If a project proceeds in the SFHA, required documentation will include a copy of the flood insurance policy declaration.
2 Contamination and Toxic Substances
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
3 Endangered Species
Threatened and endangered species will be addressed in Tier II reviews as specific sites and activities are identified. Information for Planning and Consultation (IPaC) as well as Nebraska Game and Parks Conservation and Environmental Review Tool (CERT) will be reviewed to assess potential impacts.
4 Explosive and Flammable Hazards
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Explosive and Flammable Hazards will be addressed in Tier II reviews as specific sites and activities are identified. Aerial photo analysis and/or contact with local fire protection or emergency management agencies to determine presence of hazardous industrial operations and/or above-ground tanks in vicinity of project. If an above-ground tank is identified, contact with the local owner/operator will be attempted to determine the type, volume and other characteristics of an explosive or flammable nature.
5 Floodplain Management
Project sites will be reviewed for floodplain determination in the Tier II Review. FIRMettes showing properties within the 100 Year Flood Plain (or 500 Year Flood Plain for critical actions) will be required to complete the 8-Step Decision Making Process.
6 Historic Preservation
Historic Preservation will be addressed in Tier II reviews as specific sites are identified. All properties more than 50 years old will be reviewed to determine if the property is listed on the Nebraska State Historical Society National Register of Historic Places. Per the Programmatic Agreement, properties less than 50 years old do not require review with the State Historic Preservation Office. If project activities are not exempted under the Programmatic Agreement, consultation will be carried out through the Section 106 process.
7 Noise Abatement and Control
Projects will be reviewed in Tier II review for proximity to major roadway, railway, and airports. The DNL Calculator is used to determine the total decibels outcome. A noise assessment will be performed for project sites within 1000 feet of a major road, 3000 feet of a railroad, or 15 miles of an airport. Railway information is gathered from the Federal Railroad Administration crossing database. Major streets within the city limits of Lincoln, Nebraska are provided from the Traffic Engineering Department of Lincoln Transportation and Utilities.
8 Wetlands Protection
Wetlands Protection will be addressed in Tier II reviews as specific sites are identified. According to the U.S. Fish and Wildlife Service, there are numerous isolated wetlands mapped throughout Lincoln, Nebraska. Properties within a Wetland will require a review under the 8 Step Decision Making Process.
9 Environmental Justice
Compliance with all laws and authorities as well as a determination of no adverse environmental impacts is required for Environmental Justice. The projects serve populations that are protected under this Executive Order.
Supporting documentation
APPENDIX A: Site Specific Reviews
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b)
Project Information
Project Name: 2020-Housing-Rehabilitation-Administration
HEROS Number:
900000010128266
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: 555 S 10th St, Lincoln, NE 68508
Additional Location Information: N/A
Level of Environmental Review Determination Activity / Project is Exempt per 24 CFR 58.34(a): 58.34(a)(1) 58.34(a)(2) 58.34(a)(3)
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Administration of the City's housing rehabilitation programs. Includes salaries of clerical support and rehabilitation specialists. Activities include physical inspection, development of work specifications, and contract management by staff. Project also includes rehabilitation activities carried out for City programs by NeighborWorks Lincoln.
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58.34(a)(5) 58.34(a)(6)
Signature Page Signature - Housing Rehab Admin.pdf
Funding Information
Estimated Total HUD Funded, Assisted or Insured Amount:
$491,323.00
Compliance with 24 CFR §50.4 & §58.6 Laws and Authorities
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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 Runway Clear Zones and Clear Zones 24 CFR part 51
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 Airport Runway Clear Zone 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 located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Flood Disaster Protection Act of 1973 and National Flood Insurance
Yes No
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require
Grant / Project Identification Number
HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $491,323.00
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Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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
Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]
flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements.
Mitigation Measures and Conditions [CFR 40 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
Supporting documentation on completed measures
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APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones
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. Does the project involve the sale or acquisition of developed property?
No
Based on the response, the review is in compliance with this section.
Yes
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 Airport Runway Clear Zone requirements.
Supporting documentation Are formal compliance steps or mitigation required?
Yes No
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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)
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination
This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act.
Supporting documentation Are formal compliance steps or mitigation required?
Yes No
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Flood Insurance General requirements Legislation Regulation
Certain types of federal financial assistance may not be
used in floodplains unless the community participates
in National Flood Insurance Program and flood
insurance is both obtained and maintained.
Flood Disaster
Protection Act of 1973
as amended (42 USC
4001-4128)
24 CFR 50.4(b)(1)
and 24 CFR 58.6(a)
and (b); 24 CFR
55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section.
Yes Screen Summary Compliance Determination
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements.
Supporting documentation Are formal compliance steps or mitigation required?
Yes No
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: 2020-Lead-based-Paint
HEROS Number:
900000010128555
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Certifying Officer: Leirion Gaylor Baird Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: Lincoln, NE
Additional Location Information: N/A
Direct Comments to: In writing:
Urban Development Department 555 South 10th Street, Suite 205 Lincoln, NE 68508 by email: [email protected]
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
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Maps, photographs, and other documentation of project location and description:
2020 Lincoln NE City Limits - As of 041520.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 1 Year Maximum number of dwelling units or lots addressed by this tiered review: 10
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)(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: Signature - Lead Based Paint.pdf 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on:
Funding Information
Estimated Total HUD Funded Amount:
$100,000.00
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $100,000.00
The Lead-based Paint Hazard Reduction Program uses CDBG funds and is designed to offset additional costs to the home owner due to the implementation of the final rule on lead-based paint issued by HUD. The home owner receives a grant for the portion of the rehabilitation project that is lead-related, such as the additional cost of safe-work practices, hazard reduction, clean-up, clearance, and items required by the contractor to meet the rules. The Housing Rehabilitation staff conducts a lead evaluation on every rehabilitation project and provides technical assistance to other agencies on lead issues.
Grant Number HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
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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 City of Lincoln does not have any residential land uses 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 Yes No The project is located within a state that does not contain CBRS units; therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Yes No
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Yes No All projects are located within the city limits of Lincoln, Nebraska. Lincoln is not in an EPA-designated non-attainment area for any of the NAAQS criteria pollutants. Projects are in compliance with the Clean Air Act.
Coastal Zone Management Act Yes No No coastal zone management programs exist in the states of HUD Region VII, therefore, this project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
Yes No
Endangered Species Act Yes No Project does not involve acquisition of undeveloped land, conversion of land use, demolition, new construction, or major rehabilitation.
Explosive and Flammable Hazards Yes No Project activities do not involve conversion of land use from non-residential to residential use, new construction, rehabilitation where density is being increased, or vacant buildings being made habitable. The project is in compliance with explosive and flammable hazard requirements.
Farmlands Protection Yes No The project is located in an established
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urbanized area within the city limits. The 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 Project activities consist of minor repairs to single-family properties, and do not meet the threshold for "substantial improvements" under 55.2(b)(8). Therefore, the project is not subject to Floodplain Management according to 55.12(b)(2).
Historic Preservation Yes No
Noise Abatement and Control Yes No The project does not involve new construction or conversion of land from non-residential to a residential use.
Sole Source Aquifers Yes No The project is not located on an area with sole source aquifers. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection Yes No Project activities do not involve acquisition of undeveloped land, change in land use, or new construction.
Wild and Scenic Rivers Act Yes No There are no Wild and Scenic Rivers listed on the National Park Service for Lincoln, Nebraska, nor are there any on the National River Inventory. The project is in compliance with the Wild and Scenic Rivers Act.
ENVIRONMENTAL JUSTICE
Environmental Justice Yes No
Supporting documentation
Air Quality-Status of Designated Areas.pdf Coastal Barrier Resources.pdf
Coastal Zone Management.pdf Urban Development Dept_City of Lincoln_ngpc comments.pdf
Endangered Species Act Worksheet.pdf Endangered Species - LBP.pdf Farmlands Protection.pdf Floodplain Management Worksheet - excepted.pdf Section 106 Tribal Consult - LBP.pdf
Sole Source Aquifers.pdf Wetlands Protection Worksheet.pdf Wild and Scenic Rivers-Nebraska.pdf
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Nationwide Rivers Inventory.pdf
Airport Hazards.pdf Explosive and Flammable Facilities Worksheet.pdf
Noise Abatement and Control 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 Flood Insurance
Flood Insurance will be addressed in Tier II reviews as specific sites are identified. A FIRMette map showing the project location will be generated for each property to determine if it is in a Special Flood Hazard Area (SFHA). If a project proceeds in the SFHA, required documentation will include a copy of the flood insurance policy declaration.
2 Contamination and Toxic Substances
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
3 Historic Preservation
Historic Preservation will be addressed in Tier II reviews as specific sites are identified. All properties more than 50 years old will be reviewed to determine if the property is listed on the Nebraska State Historical Society National Register of Historic Places. Per the Programmatic Agreement, properties less than 50 years old do not require review with the State Historic Preservation Office. If project activities are not exempted under the Programmatic Agreement, consultation will be carried out through the Section 106 process.
4 Environmental Justice
Compliance with all laws and authorities as well as a determination of no adverse environmental impacts is required for Environmental Justice. The projects serve populations that are protected under this Executive Order.
Supporting documentation
APPENDIX A: Site Specific Reviews
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: 2020-Livable-Neighborhoods-Public-Improvements
HEROS Number:
900000010128834
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Certifying Officer: Leirion Gaylor Baird Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: Lincoln, NE
Additional Location Information: N/A
Direct Comments to: In writing:
Urban Development Department 555 South 10th Street, Suite 205 Lincoln, NE 68508 by email: [email protected]
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
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Maps, photographs, and other documentation of project location and description:
LMI Map 041119.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 1 Year Maximum number of dwelling units or lots addressed by this tiered review: 0
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)(1) 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: Signature - Livable Neighborhoods Public Improvements.pdf 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on:
Funding Information
Estimated Total HUD Funded Amount:
$150,000.00
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $150,000.00 Compliance with 24 CFR §50.4, §58.5 and §58.6 Laws and Authorities
CDBG funds for public improvements in various neighborhoods focus area plans. Improvements may include, but are not limited to, streetscape, alley, and sidewalk improvements. Also includes activities under the Community CROPS/Orchards program.
Grant Number HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
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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 City of Lincoln does not have any residential land uses 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 Yes No The project is located within a state that does not contain CBRS units; therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Yes No The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements.
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Yes No All projects are located within the city limits of Lincoln, Nebraska. Lincoln is not in an EPA-designated non-attainment area for any of the NAAQS criteria pollutants. Projects are in compliance with the Clean Air Act.
Coastal Zone Management Act Yes No No coastal zone management programs exist in the states of HUD Region VII, therefore, this project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
Yes No
Endangered Species Act Yes No Explosive and Flammable Hazards Yes No
Farmlands Protection Yes No The project is located in an established urbanized area within the city limits. The project does not include any activities that could potentially convert agricultural land to a non-agricultural
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use. The project is in compliance with the Farmland Protection Policy Act.
Floodplain Management Yes No Historic Preservation Yes No Noise Abatement and Control Yes No Sole Source Aquifers Yes No The project is not located on an area
with sole source aquifers. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection Yes No
Wild and Scenic Rivers Act Yes No There are no Wild and Scenic Rivers listed on the National Park Service for Lincoln, Nebraska, nor are there any on the National River Inventory. The project is in compliance with the Wild and Scenic Rivers Act.
ENVIRONMENTAL JUSTICE
Environmental Justice Yes No
Supporting documentation
Air Quality-Status of Designated Areas.pdf Coastal Barrier Resources.pdf
Coastal Zone Management.pdf Farmlands Protection.pdf
Flood Insurance Worksheet.pdf
Sole Source Aquifers.pdf
Wild and Scenic Rivers-Nebraska.pdf Nationwide Rivers Inventory.pdf
Airport Hazards.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
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
2 Endangered Species
Threatened and endangered species will be addressed in Tier II reviews as specific sites and activities are identified. Nebraska Game and Parks Conservation and Environmental Review Tool (CERT) will be reviewed to assess potential impacts.
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3 Explosive and Flammable Hazards
Explosive and Flammable Hazards will be addressed in Tier II reviews as specific sites and activities are identified. Aerial photo analysis and/or contact with local fire protection or emergency management agencies to determine presence of hazardous industrial operations and/or above-ground tanks in vicinity of project. If an above-ground tank is identified, contact with the local owner/operator will be attempted to determine the type, volume and other characteristics of an explosive or flammable nature.
4 Floodplain Management
Project sites will be reviewed for floodplain determination in the Tier II Review. FIRMettes showing properties within the 100 Year Flood Plain (or 500 Year Flood Plain for critical actions) will be required to complete the 8-Step Decision Making Process.
5 Historic Preservation
Historic Preservation will be addressed in Tier II reviews as specific sites are identified. All properties more than 50 years old will be reviewed to determine if the property is listed on the Nebraska State Historical Society National Register of Historic Places. Per the Programmatic Agreement, properties less than 50 years old do not require review with the State Historic Preservation Office. If project activities are not exempted under the Programmatic Agreement, consultation will be carried out through the Section 106 process.
6 Noise Abatement and Control
Projects will be reviewed in Tier II review for proximity to major roadway, railway, and airports. The DNL Calculator is used to determine the total decibels outcome. A noise assessment will be performed for project sites within 1000 feet of a major road, 3000 feet of a railroad, or 15 miles of an airport. Railway information is gathered from the Federal Railroad Administration crossing database. Major streets within the city limits of Lincoln, Nebraska are provided from the Traffic Engineering Department of Lincoln Transportation and Utilities.
7 Wetlands Protection
Wetlands Protection will be addressed in Tier II reviews as specific sites are identified. According to the U.S. Fish and Wildlife Service, there are numerous isolated wetlands mapped throughout Lincoln, Nebraska. Properties within a Wetland will require a review under the 8 Step Decision Making Process.
8 Environmental Justice
Compliance with all laws and authorities as well as a determination of no adverse environmental impacts is required for Environmental Justice. The projects serve populations that are protected under this Executive Order.
Supporting documentation
APPENDIX A: Site Specific Reviews
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b)
Project Information
Project Name: 2020-NeighborWorks-Lincoln-Neighborhood-Revitalization HEROS Number:
900000010128280
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508 State / Local Identifier: RE Preparer: Ronald L Cane Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: 2530 Q St, Lincoln, NE 68503 Additional Location Information: N/A
Level of Environmental Review Determination: Activity / Project is Categorically Excluded Not Subject to per 24 CFR 58.35(b): 58.35(b)(3)
Signature Page Signature - NWL Neighborhood Revitalization .pdf
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Assistance to NeighborWorks Lincoln providing for a portion of the organization's operational support for neighborhood revitalization efforts in the Neighborhood Revitalization Strategy Area (NRSA) neighborhoods.
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Funding Information
Estimated Total HUD Funded, Assisted or Insured Amount:
$95,000.00
Compliance with 24 CFR §50.4 & §58.6 Laws and Authorities
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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 Runway Clear Zones and Clear Zones 24 CFR part 51
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 Airport Runway Clear Zone 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 located in a state that does not contain CBRS units. Therefore, this project 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
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in
Grant / Project Identification Number
HUD Program Program Name
B-20-MC-31-0001 Community Planning and Development (CPD)
Community Development Block Grants (CDBG) (Entitlement)
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $150,000.00
2020-NeighborWorks-Lincoln-Neighborhood-Revitalization
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Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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
compliance with Flood Insurance requirements.
Mitigation Measures and Conditions [CFR 40 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 Supporting documentation on completed measures
2020-NeighborWorks-Lincoln-Neighborhood-Revitalization
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APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones
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. Does the project involve the sale or acquisition of developed property?
No
Based on the response, the review is in compliance with this section.
Yes
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 Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
2020-NeighborWorks-Lincoln-Neighborhood-Revitalization
Lincoln, NE 900000010128280
06/29/2020 11:17 Page 5 of 6
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)
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No
2020-NeighborWorks-Lincoln-Neighborhood-Revitalization
Lincoln, NE 900000010128280
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Flood Insurance General requirements Legislation Regulation
Certain types of federal financial assistance may not be
used in floodplains unless the community participates
in National Flood Insurance Program and flood
insurance is both obtained and maintained.
Flood Disaster
Protection Act of 1973
as amended (42 USC
4001-4128)
24 CFR 50.4(b)(1)
and 24 CFR 58.6(a)
and (b); 24 CFR
55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section. Yes
Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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: 2020-RESCUE-Program
HEROS Number:
900000010128727
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Certifying Officer: Leirion Gaylor Baird Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: Lincoln, NE
Additional Location Information: N/A
Direct Comments to: In writing:
Urban Development Department 555 South 10th Street, Suite 205 Lincoln, NE 68508 by email: [email protected]
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
2020-RESCUE-Program Lincoln, NE 900000010128727
Version 11.07.2012 07/02/2020 09:02 Page 2 of 5
Maps, photographs, and other documentation of project location and description:
LMI Map 041119.pdf NRSA 100818.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 1 Year Maximum number of dwelling units or lots addressed by this tiered review: 2
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)(4) 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: Signature - RESCUE.pdf 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on:
Funding Information
Estimated Total HUD Funded Amount:
$300,000.00
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $300,000.00
The Rescue Effort to Save Crumbling Urban Environment Program (RESCUE) provides financial assistance for the acquisition, demolition and new construction of single-family housing where deteriorated housing is presenting a blighting influence on a neighborhood.
Grant Number HUD Program Program Name
M-20-MC-31-0202 Community Planning and Development (CPD) HOME Program
2020-RESCUE-Program Lincoln, NE 900000010128727
Version 11.07.2012 07/02/2020 09:02 Page 3 of 5
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 City of Lincoln does not have any residential land uses 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 Yes No The project is located within a state that does not contain CBRS units; therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Yes No
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Yes No All projects are located within the city limits of Lincoln, Nebraska. Lincoln is not in an EPA-designated non-attainment area for any of the NAAQS criteria pollutants. Projects are in compliance with the Clean Air Act.
Coastal Zone Management Act Yes No No coastal zone management programs exist in the states of HUD Region VII, therefore, this project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
Yes No
Endangered Species Act Yes No Explosive and Flammable Hazards Yes No Farmlands Protection Yes No The project is located in an established
urbanized area within the city limits. The 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 Historic Preservation Yes No Noise Abatement and Control Yes No
2020-RESCUE-Program Lincoln, NE 900000010128727
Version 11.07.2012 07/02/2020 09:02 Page 4 of 5
Sole Source Aquifers Yes No The project is not located on an area with sole source aquifers. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection Yes No
Wild and Scenic Rivers Act Yes No There are no Wild and Scenic Rivers listed on the National Park Service for Lincoln, Nebraska, nor are there any on the National River Inventory. The project is in compliance with the Wild and Scenic Rivers Act.
ENVIRONMENTAL JUSTICE
Environmental Justice Yes No
Supporting documentation
Air Quality-Status of Designated Areas.pdf
Coastal Barrier Resources.pdf Coastal Zone Management.pdf Farmlands Protection.pdf
THPO Response - RESCUE.pdf Section 106 Tribal Consult - RESCUE.pdf
Tribal Directory Assessment Information.pdf Sole Source Aquifers.pdf Wild and Scenic Rivers-Nebraska.pdf
Nationwide Rivers Inventory.pdf
Airport Hazards.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 Flood Insurance
Flood Insurance will be addressed in Tier II reviews as specific sites are identified. A FIRMette map showing the project location will be generated for each property to determine if it is in a Special Flood Hazard Area (SFHA). If a project proceeds in the SFHA, required documentation will include a copy of the flood insurance policy declaration.
2 Contamination and Toxic Substances
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
3 Endangered Species
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Threatened and endangered species will be addressed in Tier II reviews as specific sites and activities are identified. Nebraska Game and Parks Conservation and Environmental Review Tool (CERT) will be reviewed to assess potential impacts.
4 Explosive and Flammable Hazards
Explosive and Flammable Hazards will be addressed in Tier II reviews as specific sites and activities are identified. Aerial photo analysis and/or contact with local fire protection or emergency management agencies to determine presence of hazardous industrial operations and/or above-ground tanks in vicinity of project. If an above-ground tank is identified, contact with the local owner/operator will be attempted to determine the type, volume and other characteristics of an explosive or flammable nature.
5 Floodplain Management
Project sites will be reviewed for floodplain determination in the Tier II Review. FIRMettes showing properties within the 100 Year Flood Plain (or 500 Year Flood Plain for critical actions) will be required to complete the 8-Step Decision Making Process.
6 Historic Preservation
Historic Preservation will be addressed in Tier II reviews as specific sites are identified. All properties more than 50 years old will be reviewed to determine if the property is listed on the Nebraska State Historical Society National Register of Historic Places. Per the Programmatic Agreement, properties less than 50 years old do not require review with the State Historic Preservation Office. If project activities are not exempted under the Programmatic Agreement, consultation will be carried out through the Section 106 process.
7 Noise Abatement and Control
Projects will be reviewed in Tier II review for proximity to major roadway, railway, and airports. The DNL Calculator is used to determine the total decibels outcome. A noise assessment will be performed for project sites within 1000 feet of a major road, 3000 feet of a railroad, or 15 miles of an airport. Railway information is gathered from the Federal Railroad Administration crossing database. Major streets within the city limits of Lincoln, Nebraska are provided from the Traffic Engineering Department of Lincoln Transportation and Utilities.
8 Wetlands Protection
Wetlands Protection will be addressed in Tier II reviews as specific sites are identified. According to the U.S. Fish and Wildlife Service, there are numerous isolated wetlands mapped throughout Lincoln, Nebraska. Properties within a Wetland will require a review under the 8 Step Decision Making Process.
9 Environmental Justice
Compliance with all laws and authorities as well as a determination of no adverse environmental impacts is required for Environmental Justice. The projects serve populations that are protected under this Executive Order.
Supporting documentation
APPENDIX A: Site Specific Reviews
U.S. Department of Housing and Urban Development
451 Seventh Street, SW Washington, DC 20410 www.hud.gov espanol.hud.gov
Environmental Review for Activity/Project that is Exempt or
Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b)
Project Information
Project Name: 2020-Security-Deposit-Assistance-Program HEROS Number:
900000010128473
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508 State / Local Identifier: RE Preparer: Ronald L Cane Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: 5700 R St, Lincoln, NE 68505 Additional Location Information: N/A
Level of Environmental Review Determination: Activity / Project is Categorically Excluded Not Subject to per 24 CFR 58.35(b): 58.35(b)(1) 58.35(b)(2)
Signature Page
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]: Rental assistance provided through a program in conjunction with the Lincoln Housing Authority. Homeless families and individuals leaving emergency shelters or transitional housing projects and moving into permanent housing assisted under the Section 8 program can apply to receive security deposit assistance.
2020-Security-Deposit-Assistance-Program
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Signature - Security Deposit Assistance .pdf
Funding Information
Estimated Total HUD Funded, Assisted or Insured Amount:
$25,000.00
Compliance with 24 CFR §50.4 & §58.6 Laws and Authorities
Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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 Runway Clear Zones and Clear Zones 24 CFR part 51
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 Airport Runway Clear Zone 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 located in a state that does not contain CBRS units. Therefore, this project 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
Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance
Grant / Project Identification Number
HUD Program Program Name
M-20-MC-31-0202 Community Planning and Development (CPD) HOME Program
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $25,000.00
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Compliance Factors: Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4 & §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
under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements.
Mitigation Measures and Conditions [CFR 40 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 Supporting documentation on completed measures
2020-Security-Deposit-Assistance-Program
Lincoln, NE 900000010128473
06/29/2020 11:20 Page 4 of 6
APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones
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. Does the project involve the sale or acquisition of developed property?
No
Based on the response, the review is in compliance with this section.
Yes
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 Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
2020-Security-Deposit-Assistance-Program
Lincoln, NE 900000010128473
06/29/2020 11:20 Page 5 of 6
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)
This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No
2020-Security-Deposit-Assistance-Program
Lincoln, NE 900000010128473
06/29/2020 11:20 Page 6 of 6
Flood Insurance General requirements Legislation Regulation
Certain types of federal financial assistance may not be
used in floodplains unless the community participates
in National Flood Insurance Program and flood
insurance is both obtained and maintained.
Flood Disaster
Protection Act of 1973
as amended (42 USC
4001-4128)
24 CFR 50.4(b)(1)
and 24 CFR 58.6(a)
and (b); 24 CFR
55.1(b).
1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
No. This project does not require flood insurance or is excepted from flood insurance.
Based on the response, the review is in compliance with this section. Yes
Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No
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: 2020-Troubled-Property-Program
HEROS Number:
900000010128547
Responsible Entity (RE): LINCOLN, 555 S 10th St Lincoln NE, 68508
State / Local Identifier:
RE Preparer: Ronald L Cane
Certifying Officer: Leirion Gaylor Baird Grant Recipient (if different than Responsible Entity):
Consultant (if applicable):
Project Location: Lincoln, NE
Additional Location Information: N/A
Direct Comments to: In writing:
Urban Development Department 555 South 10th Street, Suite 205 Lincoln, NE 68508 by email: [email protected]
Point of Contact:
Point of Contact:
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:
2020-Troubled-Property-Program
Lincoln, NE 900000010128547
Version 11.07.2012 07/02/2020 09:04 Page 2 of 5
Maps, photographs, and other documentation of project location and description:
NRSA 100818.pdf Approximate size of the project area: more than 1 square mile Length of time covered by this review: 1 Year Maximum number of dwelling units or lots addressed by this tiered review: 4
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)(4) 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: Signature - Troubled Property.pdf 7015.15 certified by Certifying Officer on: 7015.16 certified by Authorizing Officer on:
Funding Information
Estimated Total HUD Funded Amount:
$176,577.00
Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $625,000.00
The Troubled Property Program provides HOME funds for the acquisition of severely deteriorated single-family dwellings that are presenting a blighting influence on a neighborhood. Activities will include acquisition and major rehabilitation (if financially feasible); or acquisition, demolition, and new construction of single-family housing to be sold to income eligible first time home buyers.
Grant Number HUD Program Program Name
M-20-MC-31-0202 Community Planning and Development (CPD) HOME Program
2020-Troubled-Property-Program
Lincoln, NE 900000010128547
Version 11.07.2012 07/02/2020 09:04 Page 3 of 5
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 City of Lincoln does not have any residential land uses 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 Yes No The project is located within a state that does not contain CBRS units; therefore, this project is in compliance with the Coastal Barrier Resources Act.
Flood Insurance Yes No
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Yes No All projects are located within the city limits of Lincoln, Nebraska. Lincoln is not in an EPA-designated non-attainment area for any of the NAAQS criteria pollutants. Projects are in compliance with the Clean Air Act.
Coastal Zone Management Act Yes No No coastal zone management programs exist in the states of HUD Region VII, therefore, this project is in compliance with the Coastal Zone Management Act.
Contamination and Toxic Substances
Yes No
Endangered Species Act Yes No Explosive and Flammable Hazards Yes No Farmlands Protection Yes No The project is located in an established
urbanized area within the city limits. The 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 Historic Preservation Yes No Noise Abatement and Control Yes No
2020-Troubled-Property-Program
Lincoln, NE 900000010128547
Version 11.07.2012 07/02/2020 09:04 Page 4 of 5
Sole Source Aquifers Yes No The project is not located on an area with sole source aquifers. The project is in compliance with Sole Source Aquifer requirements.
Wetlands Protection Yes No Wild and Scenic Rivers Act Yes No There are no Wild and Scenic Rivers
listed on the National Park Service for Lincoln, Nebraska, nor are there any on the National River Inventory. The project is in compliance with the Wild and Scenic Rivers Act.
ENVIRONMENTAL JUSTICE
Environmental Justice Yes No
Supporting documentation
Air Quality-Status of Designated Areas.pdf
Coastal Barrier Resources.pdf Coastal Zone Management.pdf Farmlands Protection.pdf
THPO Response - Troubled Property.pdf Section 106 Tribal Consult - Troubled Property.pdf
Tribal Directory Assessment Information.pdf Sole Source Aquifers.pdf Wild and Scenic Rivers-Nebraska.pdf
Nationwide Rivers Inventory.pdf
Airport Hazards.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 Flood Insurance
Flood Insurance will be addressed in Tier II reviews as specific sites are identified. A FIRMette map showing the project location will be generated for each property to determine if it is in a Special Flood Hazard Area (SFHA). If a project proceeds in the SFHA, required documentation will include a copy of the flood insurance policy declaration.
2 Contamination and Toxic Substances
Contamination and Toxic Substances will be addressed in Tier II reviews as specific sites are identified. Federal and State databases will be searched for onsite and nearby environmental concerns - Superfund and Brownfield sites within one mile; toxic releases, hazardous waste and Toxic Substances Control Act within one-half mile. Documentation will include database maps and available ECHO reports for facilities that have been fined or have more than six violations in the previous twelve quarters.
3 Endangered Species
2020-Troubled-Property-Program
Lincoln, NE 900000010128547
Version 11.07.2012 07/02/2020 09:04 Page 5 of 5
Threatened and endangered species will be addressed in Tier II reviews as specific sites and activities are identified. Nebraska Game and Parks Conservation and Environmental Review Tool (CERT) will be reviewed to assess potential impacts.
4 Explosive and Flammable Hazards
Explosive and Flammable Hazards will be addressed in Tier II reviews as specific sites and activities are identified. Aerial photo analysis and/or contact with local fire protection or emergency management agencies to determine presence of hazardous industrial operations and/or above-ground tanks in vicinity of project. If an above-ground tank is identified, contact with the local owner/operator will be attempted to determine the type, volume and other characteristics of an explosive or flammable nature.
5 Floodplain Management
Project sites will be reviewed for floodplain determination in the Tier II Review. FIRMettes showing properties within the 100 Year Flood Plain (or 500 Year Flood Plain for critical actions) will be required to complete the 8-Step Decision Making Process.
6 Historic Preservation
Historic Preservation will be addressed in Tier II reviews as specific sites are identified. All properties more than 50 years old will be reviewed to determine if the property is listed on the Nebraska State Historical Society National Register of Historic Places. Per the Programmatic Agreement, properties less than 50 years old do not require review with the State Historic Preservation Office. If project activities are not exempted under the Programmatic Agreement, consultation will be carried out through the Section 106 process.
7 Noise Abatement and Control
Projects will be reviewed in Tier II review for proximity to major roadway, railway, and airports. The DNL Calculator is used to determine the total decibels outcome. A noise assessment will be performed for project sites within 1000 feet of a major road, 3000 feet of a railroad, or 15 miles of an airport. Railway information is gathered from the Federal Railroad Administration crossing database. Major streets within the city limits of Lincoln, Nebraska are provided from the Traffic Engineering Department of Lincoln Transportation and Utilities.
8 Wetlands Protection
Wetlands Protection will be addressed in Tier II reviews as specific sites are identified. According to the U.S. Fish and Wildlife Service, there are numerous isolated wetlands mapped throughout Lincoln, Nebraska. Properties within a Wetland will require a review under the 8 Step Decision Making Process.
9 Environmental Justice
Compliance with all laws and authorities as well as a determination of no adverse environmental impacts is required for Environmental Justice. The projects serve populations that are protected under this Executive Order.
Supporting documentation
APPENDIX A: Site Specific Reviews