Categorically Excluded per 24 CFR 50.20(a), and subject to laws and authorities at 50.4:
50.20(a)(5)
50.20(a)(2)(ii)
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.
Review Certified by
Laurence Fergison, Chief, Tech Spec Branch
on
10/18/2017
Funding Information
Grant / Project Identification Number
HUD Program
Program Name
127-11251
Housing: Multifamily FHA
Section 223(f). Mortgage Insurance for the purchase or refinancing of existing apartment projects
Estimated Total HUD Funded, Assisted or Insured Amount:
$22,357,000.00
Estimated Total Project Cost:
$22,357,000.00
Compliance with 24 CFR §50.4, §58.5 and §58.6 Laws and Authorities
Compliance Factors:
Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4, §58.5, and §58.6
Are formal compliance steps or mitigation required?
Compliance determination
(See Appendix A for source determinations)
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.6
PROJECT IS IN COMPLIANCE. The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements. The nearest major airport is King County International Airport (BFI / KBFI). This airport has domestic flights from Seattle, Washington and is 6 miles from SEA. Another major airport is Kenmore Air Harbor Seaplane Base (LKE), which has international and domestic flights from Seattle, Washington and is 16 miles from SEA. CLOSEST INTERNATIONAL AIRPORTS: 16 miles: Seattle, WA (LKE / W55) Kenmore Air Harbor Seaplane Base; 117 miles: San Juan Island, WA (FBS / W33) Friday Harbor Seaplane Base; 128 miles: Roche Harbor, WA (RCE / W39) Roche Harbor Seaplane Base; 149 miles: Victoria, Canada (YWH / CYWH) Victoria Inner Harbour Airport; CLOSEST DOMESTIC AIRPORTS: 6 miles: Seattle, WA (BFI / KBFI) King County International Airport; 16 miles: Seattle, WA (LKE / W55) Kenmore Air Harbor Seaplane Base; 107 miles: Bellingham, WA (BLI / KBLI) Bellingham International Airport; 116 miles: Orcas, WA (WSX / WA83) Westsound/WSX Seaplane Base; 117 miles: Lopez Island, WA (LPS / WA81) Fishermans Bay/LPS Seaplane Base; 118 miles: Friday Harbor, WA (FRD / KFHR / FHR) Friday Harbor Airport; 123 miles: Eastsound, WA (ESD / KORS / ORS) Orcas Island Airport; 130 miles: Port Angeles, WA (CLM / KCLM) William R. Fairchild International Airport; 149 miles: Victoria, Canada (YWH / CYWH) Victoria Inner Harbour Airport; CLOSEST LOCAL AIRPORTS: 7 miles: Renton, WA (RNT / KRNT) Renton Municipal Airport; 14 miles: Seattle, WA (JDG) Edgewater Inn Heliport; 29 miles: Lakewood, WA (TCM / KTCM) JBLM McChord Field; 30 miles: Gig Harbor, WA (TIW / KTIW) Tacoma Narrows Airport; 31 miles: Kenmore, WA (KEH) Kenmore Air Harbor; 35 miles: Tacoma, WA (GRF / KGRF) Gray Army Airfield; 42 miles: Port Orchard, WA (XWK) Port Orchard Airport.
Coastal Barrier Resources Act Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]
Yes No
PROJECT IS IN COMPLIANCE. 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. OFFIAL CBRS MAPS: The John H. Chafee Coastal Barrier Resources System (CBRS) is a collection of specific units of land and associated aquatic habitats that serve as barriers protecting the Atlantic, Gulf, and Great Lakes coasts. The CBRS currently includes 585 System units, which comprise nearly 1.3 million acres of land and associated aquatic habitat. There are also 274 "otherwise protected areas," a category of coastal barriers already held for conservation purposes that include an additional 1.9 million acres of land and associated aquatic habitat. In the early 1980s, Congress recognized that certain actions and programs of the Federal Government have historically subsidized and encouraged development on coastal barriers, resulting in the loss of natural resources; threats to human life, health, and property; and the expenditure of millions of tax dollars each year. To remove the federal incentive to develop these areas, the Coastal Barrier Resources Act (CBRA) of 1982 and subsequent amendments designated relatively undeveloped coastal barriers along the Atlantic, Gulf of Mexico, Great Lakes, U.S. Virgin Islands, and Puerto Rico coasts as part of the John H. Chafee Coastal Barrier Resources System (CBRS), and made these areas ineligible for most new federal expenditures and financial assistance. CBRA encourages the conservation of hurricane prone, biologically rich coastal barriers by restricting federal expenditures that encourage development, such as federal flood insurance. Areas within the CBRS can be developed provided that private developers or other non-federal parties bear the full cost.
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
PROJECT IS IN COMPLIANCE. Based on FEMA's Flood Map Information at Community Map Panel Number 53033-C-0630-F, dated 5-16-95, the subject property appears to be located in a non-shaded Zone X area located outside of the 100-year and 500-year floodplain areas, so the structure and / or insurable property is NOT located in a FEMA-designated Special Flood Hazard Area. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with flood insurance requirements.
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.5
Air Quality Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93
Yes No
PROJECT IS IN COMPLIANCE. Based on the project description, this project includes no activities that would require further evaluation under the Clean Air Act. The project is in compliance with the Clean Air Act. WASHINGTON STATE AIR QUALITY RESOURCES INCLUDE: American Lung Association (ALA) of Washington; Local Air Quality Agencies - Washington; Northwest Clean Air Agency; Olympic Region Clean Air Agency; Puget Sound Clean Air Agency; Puget Sound Clean Air Agency - Air Quality Right Now; State of Washington-Department of Ecology-Air Quality Program; and Washington Smoke Information Blog. NON-ATTAINMENT AREAS FOR WASHINGTON STATE: Washington state DOES NOT have any areas designated nonattainment for a federal health-based air quality standard. Tacoma-Pierce County was redesignated to attainment in March 2015 and is in maintenance status for the 2006 daily PM2.5 standard. WHAT IS NON-ATTAINMENT: A "nonattainment" classification means that air quality in a particular region does not meet (or "attain") a federal air quality standard. The federal Clean Air Act is the law that defines the U.S. Environmental Protection Agency's (EPA) responsibilities for safeguarding the nation's air quality. Under the Clean Air Act, EPA sets limits on how much pollution can be in the air. These pollution limits are called National Ambient Air Quality Standards (NAAQS). There are NAAQS for six common air pollutants: particulate matter (also sometimes called PM2.5 and PM10, or particle pollution), ground-level ozone (O3), carbon monoxide (CO), sulfur dioxide (SO2), nitrogen oxides (NO2) and lead (Pb). THE CLEAN AIR ACT: The Clean Air Act requires EPA to review its standards every five years to ensure they still effectively protect human health and the environment. EPA sets the standard based on scientific evidence, and is not allowed to consider the cost of pollution controls when setting them. The standards are based solely on health. When an area's monitored air pollution exceeds the NAAQS a certain number of times, EPA designates it as a nonattainment area. This designation is determined by a formula that uses the number of times the standard is exceeded each year. The formula includes three years of data to ensure that an area isn't designated as nonattainment because of one unusual year. See Air Quality Designations.
Coastal Zone Management Act Coastal Zone Management Act, sections 307(c) & (d)
Yes No
PROJECT IS IN COMPLIANCE. This project is not located in or does not affect a Coastal Zone as defined in the state Coastal Management Plan. The project is in compliance with the Coastal Zone Management Act. Coastal Zone Management Program & Policies We manage Washington's Coastal Zone Management Program through existing state environmental laws. Policies within each of these state laws are federally approved and designated as enforceable policies. Washington chose to rely on our existing state regulatory framework to address coastal zone issues rather than draft a new, all-encompassing piece of legislation. Because of this, Washington does not have a stand-alone program for coastal zone management. Six state laws provide the framework to fulfill the federal priorities of the Coastal Zone Management Act, working to preserve, protect, develop, and where possible, to restore or enhance the resources for this and succeeding generations: Clean Water Act Clean Air Act Energy Facility Site Evaluation Council Law Ocean Resource Management Act Shoreline Management Act State Environmental Policy Act Policies we use to uphold Coastal Zone Management Act Policies within each of these state laws are federally approved and designated as "enforceable policies" to manage our coastal zone. Generally, enforceable policies outline the land and water uses allowed within the coastal zone which have a direct and significant impact on the coastal waters. These enforceable policies are important because they are used for state review authority of federal agency actions. Please contact us for a list of current enforceable policies. Staff contact Loree' Randall Washington State Department of Ecology Shorelands and Environmental Assistance Program Direct Line: 360-407-6068 Email: Loree.Randall@ecy.wa.gov
Contamination and Toxic Substances 24 CFR 50.3(i) & 58.5(i)(2)]
Yes No
PROJECT IS IN COMPLIANCE. Site contamination was evaluated as follows: ASTM Phase I ESA, ASTM Vapor Encroachment Screening. On-site or nearby toxic, hazardous, or radioactive substances that could affect the health and safety of project occupants or conflict with the intended use of the property were not found. The project is in compliance with contamination and toxic substances requirements.
Endangered Species Act Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402
Yes No
PROJECT IS IN COMPLIANCE. This project will have No Effect on listed species due to the nature of the activities involved in the project. This project is in compliance with the Endangered Species Act. Washington State Species of Concern Lists: State Endangered Species "Endangered" means any wildlife species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state. WAC 232-12-297, Section 2.4.
Explosive and Flammable Hazards Above-Ground Tanks)[24 CFR Part 51 Subpart C
Yes No
PROJECT IS IN COMPLIANCE. Based on the project description the project includes no activities that would require further evaluation under this section. The project is in compliance with explosive and flammable hazard requirements.
Farmlands Protection Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541; 7 CFR Part 658
Yes No
PROJECT IS IN COMPLIANCE. This project does not include any activities that could potentially convert agricultural land to a non-agricultural use. The project is in compliance with the Farmland Protection Policy Act.
Floodplain Management Executive Order 11988, particularly section 2(a); 24 CFR Part 55
Yes No
PROJECT IS IN COMPLIANCE. This project DOES NOT occur in a floodplain. The project is in compliance with Executive Order 11988. Based on FEMA's Flood Map Information at Community Map Panel Number 53033-C-0630-F, dated 5-16-95, the subject property appears to be located in a non-shaded Zone X area located outside of the 100-year and 500-year floodplain areas, so the structure and / or insurable property is NOT located in a FEMA-designated Special Flood Hazard Area. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with flood insurance requirements.
Historic Preservation National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800
Yes No
PROJECT IS IN COMPLIANCE. Based on the project description the project is covered by a Programmatic Agreement that includes an applicable exemption that exempts this project from the requirements of Section 106. The project is in compliance with Section 106.
Noise Abatement and Control Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B
Yes No
PROJECT IS IN COMPLIANCE. The project is modernization or minor rehabilitation of an existing residential property. The project will include standardized noise attenuation measures. The project is in compliance with HUD's Noise regulation.
Sole Source Aquifers Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149
Yes No
PROJECT IS IN COMPLIANCE. Based on the project description, the project consists of activities that are unlikely to have an adverse impact on groundwater resources. The project is in compliance with Sole Source Aquifer requirements. SOLE SOURCE AQUIFERS The Safe Drinking Water Act of 1974 requires protection of drinking water systems that are the sole or principal drinking water source for an area and which, if contaminated, would create a significant hazard to public health. Projects must be evaluated to determine if there is any impact if they include development on a sole source aquifer designated by the Environmental Protection Agency (EPA), or the recharge area. Although the EPA in Alaska as of [do you want to update this date to present?], has designated no sole source aquifers, the designation process is initiated primarily at the request of a petition from the public and so aquifers could be designated in the future. Level of Concurrence Required: There are no EPA designated "Sole Source Aquifers" located at the subject site. No further review is required at this time. However, EPA cannot predict if there will be future designations. Consequently, the status should be reconfirmed, and annotated on the Statutory Worksheet. Information regarding the Sole Source Aquifer Protection Program can be found on the Internet at the following address: Environmental Protection Agency: www.epa.gov Or at http://www.epa.gov/safewater/sourcewater/pubs/qrg_ssamap_reg10.pdf Point of Contact: Susan Eastman EPA Region 10 1200 Sixth Ave. Suite 900, OWW-136 Seattle, WA 98101 SDWA Tribal & CWA Indian Set Aside Program, Sole Source Aquifer Program, Source Water Protection and ID 106 206-553-6249 EASTMAN.SUSAN@EPA.GOV
Wetlands Protection Executive Order 11990, particularly sections 2 and 5
Yes No
PROJECT IS IN COMPLIANCE. Based on the project description this project includes no activities that would require further evaluation under this section. The project is in compliance with Executive Order 11990.
Wild and Scenic Rivers Act Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c)
Yes No
PROJECT IS IN COMPLIANCE. This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act. Washington has approximately 70,439 miles of river, of which 197 miles are designated as wild & scenic--less than 3/10ths of 1% of the state's river miles. The closest nationally-designated wild and scenic river is the Pratt River located about 37 miles Southeast of Seattle, Washington. Managing Agency: U.S. Forest Service, Mt. Baker-Snoqualmie National Forest Designated Reach: December 19, 2014. The entire 9.5-mile Pratt River, from its headwaters to its confluence with the Middle Fork of the Snoqualmie River. Classification/Mileage: Wild -- 9.5 miles; Total -- 9.5 miles.
PROJECT IS IN COMPLIANCE. Please refer to the attached Phase 1 ESA report for full compliance details with respect to the Housing Requirements.
ENVIRONMENTAL JUSTICE
Environmental Justice Executive Order 12898
Yes No
PROJECT IS IN COMPLIANCE. No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898.
Mitigation Measures and Conditions [40 CFR 1505.2(c)]:
Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan.
Law, Authority, or Factor
Mitigation Measure or Condition
Comments on Completed Measures
Complete
Mitigation Plan
Supporting documentation on completed measures APPENDIX A: Related Federal Laws and Authorities Airport Hazards
General policy
Legislation
Regulation
It is HUD’s policy to apply standards to prevent incompatible development around civil airports and military airfields.
