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HomeMy WebLinkAbout6-G Deter of Exemption and Cat Ex Not Subj To (2)ATTACHMENT 6-G(1) NEPA Determination of Exemption & Determination of Categorical Exclusion (not subject to Section 58.5) Determination of activities per 24 CFR 58.34(a) and 58.35(b) Local Government Name: Kittitas County Contract Number: 20-6221C-115 Address: 205 W 5th Ave Suite 105 Ellensburg WA 98926 Project Description and Location: Kittitas County as a consortium with all cities applying to fund CDBG public services and local microenterprise assi stance programs; rental and mortgage assistance and daycare expenses for people who have lost income due to COVID -19 impacts. All CDBG funded activities must benefit low-and moderate-income persons or meet the CDBG urgent need national objective criteria. Funding Source: WA State CDBG Other Funding Sources: √ The activity falls into the checked category below, and listed at 24 CFR 58.34(a) as Exempt. 1. Environmental and other studies, resource identification, and development of plans and strategies 2. Information and financial services 3. Administrative and management activities 4. Public services that will not have a physical impact or result in any physical changes including but not limited to services concerned with: ▪ Employment ▪ Crime prevention ▪ Child care ▪ Health ▪ Recreation needs ▪ Drug abuse ▪ Education ▪ Counseling ▪ Energy conservation ▪ Welfare ▪ Other _______________ 5. Inspections and testing of properties for hazards or defects 6. Purchase of insurance 7. Purchase of tools 8. Engineering or design costs 9. Technical assistance and training 10. Temporary or permanent improvements that do not alter environmental conditions and are limited to activities to protect, repair or arrest the effects of disasters or imminent threats to public safety, including those resulting from physical deterioration. 11. Payment of principal and interest on loans made or obligations guaranteed by HUD √ The activity falls into the checked category listed below, and is listed at 24 CFR 58.35(b) as a Categorically Excluded activity not subject to Section 58.5. 1. Tenant-based rental assistance 2. Supportive Services (including but not limited to): ▪ Health care ▪ Housing services ▪ Permanent housing placement ▪ Day care ▪ Nutritional services ▪ Short term payments for rent/mortgage/utility costs ▪ Assistance in gaining access to government benefits/services 3. Operating Costs: ▪ Maintenance ▪ Security ▪ Operation ▪ Utilities ▪ Furnishings ▪ Equipment ▪ Supplies ▪ Staff training and recruitment ATTACHMENT 6-G(2) NEPA 4. Economic Development Activities: ▪ Equipment purchase ▪ Inventory financing ▪ Interest subsidy ▪ Operating costs ▪ Other expenses not associated with construction or expansion 5. Activities to assist homeownership of existing or dwelling units under construction, Including: ▪ Closing costs and down payment assistance to homebuyers ▪ Interest buy downs or other actions resulting in transfer of title 6. Affordable housing pre-development costs ▪ Legal consulting ▪ Developer and other site-option costs ▪ Project financing ▪ Administrative costs for loan commitments, zoning approvals, and other activities which don’t have a physical impact 7. Approval of supplemental assistance (including insurance or guarantee) to a project previously approved under Part 58, if: the same responsible entity conducted the environmental review on the original project and re-evaluation of the environmental findings is not required under Section 58.47 Additional HUD Laws & Authorities (24 CFR 58.6) Section 1. Flood Disaster Protection Act Section 58.6 requires compliance with the Flood Disaster Protection Act. However, under 24 CFR 55.1 (b)(1) the prohibitions are not applicable to HUD financial assistance under the State-administered CDBG Program (24 CFR part 570, subpart I). Therefore, the Act does not apply. Section 2. Airport Runway Clear Zones (Civil) and Accident Potential Zones (Military) (Check as appropriate) Does the project involve HUD assistance, subsidy or insurance for the purchase or sale of an existing property? YES Continue NO Proceed to Section 3— regulation does not apply. Is the project located within 2,500 feet of a civil airport or 15,000 feet of a military airfield? YES Continue NO Document & proceed to Section 3—regulation does not apply. Is the project located within an FAA-designated civilian airport Runway Clear Zone (RCA) or Runway Protection Zone, or within the military Airfield Clear Zone (CZ) or Accident Potential Zone/Approach Protection Zone (APZ), based upon information from the airport or military airfield administrator identifying the boundaries of such zones? YES Continue NO Document & proceed to Section 3—regulation does not apply. Comply with 24 CFR Part 51, Subpart D which may include providing a written notice to a prospective buyer or leaser of the potential hazards from airplane accidents and the potential that an airport or airfield operator may wish to purchase the property at some point in the future as part of a clear zone acquisition program. Maintain copies of the signed notice. For properties located in a military clear zone, make and document a determination of whether the use of the property is generally consistent with DOD guidelines. Notice Sample: http://www.hud.gov/offices/cpd/environment/review/qa/airporthazards.pdf Section 3. Coastal Barrier Resources Act. Section 58.6 also requires compliance with the Coastal Barrier Resources Act. There are no Coastal Barrier Resource Areas in Washington State. Therefore, the Act does not apply. NEPA CERTIFICATION A Request for Release of Funds (RROF) is not required for this project. The activity may be initiated without further environmental review beyond 24 CFR Part 58.6. SEPA CERTIFICATION The Grantee certifies that the proposed CDBG project complies with the provisions of the State Environmental Protection Act (SEPA, Chapter 43.21C RCW) and has determined: ATTACHMENT 6-G(3) NEPA The project is Categorically Exempt under SEPA WAC 197.11.800 OR The project does not have a probable adverse impact on the environment (WAC 197-11-970) and an environmental impact statement is not required. Documentation supporting the Determination of Non-significance is contained in the Environmental Review Record. Preparer Name (print): Judy Pless Title: Budget & Finance Manager Signature: Date: 02-26-2021 Chief Administrative Official (print): Brett Wachsmith Title Chairman, Board of County Commissioners Signature: Date: 03-02-2021