Categorically Excluded per 24 CFR 50.20(a), and subject to laws and authorities at 50.4:
50.20(a)(5)
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
10/26/2017
Funding Information
Grant / Project Identification Number
HUD Program
Program Name
143-11189
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:
$15,861,500.00
Estimated Total Project Cost:
$15,861,500.00
Compliance with 24 CFR §50.4, §58.5 and §58.6 Laws and Authorities
Compliance Factors:
Statutes, Executive Orders, and Regulations listed at 24 CFR §50.4, §58.5, and §58.6
Are formal compliance steps or mitigation required?
Compliance determination
(See Appendix A for source determinations)
STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4 & § 58.6
Airport Hazards Clear Zones and Accident Potential Zones; 24 CFR Part 51 Subpart D
Yes No
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. NEAREST MAJOR AIRPORT(S) TO SUBJECT'S Cathedral City, Riverside County, California 92234: The closest major airport to Cathedral City, California is Palm Springs International Airport (PSP / KPSP). This airport is in Palm Springs, California and is 6 miles from the center of Cathedral City, CA. INTERNATIONAL AIRPORTS NEAR Cathedral City, CA: 6 miles: Palm Springs, CA (PSP / KPSP) Palm Springs International Airport; 78 miles: Ontario, CA (ONT / KONT) LA/Ontario International Airport; 106 miles: Santa Ana, CA (SNA / KSNA) John Wayne Airport; and 131 miles: Los Angeles, CA (LAX / KLAX) Los Angeles International Airport. DOMESTIC AIRPORTS NEAR Cathedral City, CA: 6 miles: Palm Springs, CA (PSP / KPSP) Palm Springs International Airport; 78 miles: Ontario, CA (ONT / KONT) LA/Ontario International Airport; 98 miles: Imperial, CA (IPL / KIPL) Imperial County Airport; 101 miles: Carlsbad, CA (CLD / KCRQ / CRQ) McClellan-Palomar Airport; 106 miles: Santa Ana, CA (SNA / KSNA) John Wayne Airport; 119 miles: Long Beach, CA (LGB / KLGB) Long Beach Airport; 131 miles: Los Angeles, CA (LAX / KLAX) Los Angeles International Airport; and 150 miles: San Diego, CA (SAN / KSAN) San Diego International Airport. LOCAL AIRPORTS NEAR Cathedral City, CA: 15 miles: Palm Springs, CA (UDD / KUDD) Bermuda Dunes Airport; 29 miles: Banning, CA (BNG / KBNG) Banning Municipal Airport; and 29 miles: Palm Springs, CA (TRM / KTRM) Jacqueline Cochran Regional 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 (California) that DOES NOT contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. There are only 21 states, plus the U.S. territories of Puerto Rico and the Virgin Islands, which have Coastal Barrier Resource Act System areas of concern, namely: (1) Alabama; (2) Connecticut; (3) Delaware; (4) Florida; (5) Georgia; (6) Louisiana; (7) Maine; (8) Maryland; (9) Massachusetts; (10) Michigan; (11) Minnesota; (12) Mississippi; (13) New Jersey; (14) New York; (15) North Carolina; (16) Ohio; (17) Puerto Rico; (18) Rhode Island; (19) South Carolina; (20) Texas; (21) Virgin Islands; (22) Virginia; and (23) Wisconsin. OVERVIEW OF COASTAL BARRIER RESOURCES SYSTEM: 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. FEMA's Flood Insurance Rate Map (FIRM) appears to show the subject as being in Community Panel Number 06065-C-1586-G, dated August 28, 2008, and appears to show the subject site to be within a shaded Flood Zone X, an area of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Therefore, the structure or insurable property IS NOT located in a FEMA-designated Special Flood Hazard Area (SFHA). 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 and regulations.
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. Review of the online EPA air quality information for California through the EPA State Implementation Plan (SIP) indicates the designated areas for SIP requirements includes the subject property as part of the Riverside County area. The Riverside County area is listed as a non-attainment area for Ozone levels and Particulate Matter (PM) 10. The proposed activities at the subject property (refinancing) would be considered a non-stationary action and, as such, is exempt from permits for air quality regulations. Since the subject property is an existing multifamily facility, NO ACTION is warranted for the facility at this time. A copy of the Air Quality - SIP Report is included and attached to this Heros environmental report as part of the Phase 1 ESA report appendices.
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. CALIFORNIA: The California Coastal Management Program, approved by NOAA in 1978, is administered by three state agencies: (1) The California Coastal Commission manages development along the California coast except San Francisco Bay, where the San Francisco Bay Conservation and Development Commission oversees development. (2) The California Coastal Conservancy purchases, protects, restores, and enhances coastal resources, and provides access to the shore. The primary authorities for the California Coastal Management Program are the California Coastal Act, McAteer-Petris Act, and Suisan Marsh Preservation Act. The California coastal zone generally extends 1,000 yards inland from the mean high tide line. (3) The coastal zone for the San Francisco Bay Conservation and Development Commission includes the open water, marshes, and mudflats of greater San Francisco Bay, and areas 100 feet inland from the line of highest tidal action. The National Coastal Zone Management Program comprehensively addresses the nation's coastal issues through a voluntary partnership between the federal government and coastal and Great Lakes states and territories. Authorized by the Coastal Zone Management Act of 1972, the program provides the basis for protecting, restoring, and responsibly developing our nation's diverse coastal communities and resources. Currently 34 coastal states participate. While state partners must follow basic requirements, the program also gives states the flexibility to design unique programs that best address their coastal challenges and regulations. By leveraging both federal and state expertise and resources, the program strengthens the capabilities of each to address coastal issues. Major components of the national program include federal consistency, program enhancements, and non-point pollution control. HELPFUL RESOURCES FOR COASTAL MANAGERS include: (1) Contracting Assistance; (2) Digital Coast; (3) Fellowship Program; (4) Funding; (5) Length of shoreline; (6) Ocean Planning; (7) Shoreline Change Analysis; (8) Smart Growth Resources; (9) State of the Coast Report; and (10) Training.
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. One endangered species in the subject's general area of Riverside County is the Caseys June Beetle. The only known population of Caseys June beetle occurs within the Palm Canyon Wash area in the Southern part of the City of Palm Springs, California. The species is believed to occupy less than 800 acres of land. However, NO Caseys June Beetles will be adversely impacted by the subject property refinancing.
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. PROJECT IS IN COMPLIANCE because FEMA's Flood Insurance Rate Map (FIRM) appears to show the subject as being in Community Panel Number 06065-C-1586-G, dated August 28, 2008, and appears to show the subject site to be within a shaded Flood Zone X, an area of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Therefore, the structure or insurable property IS NOT located in a FEMA-designated Special Flood Hazard Area (SFHA). 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 and floodplain requirements and regulations.
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. Based on the project description, this project includes no activities that would require further evaluation under HUD's noise regulation. The project is in compliance with HUD's Noise regulation.
Sole Source Aquifers Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149
Yes No
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 AQUIFER LOCATIONS: National Geographic Information Systems (GIS) layer of SSAs. Information on sole source aquifers (SSAs) is widely used in assessments under the National Environmental Policy Act and at the state and local level. A national layer, including all available SSA coverages, is available for use in GIS. This layer includes a total of 89 GIS polygons for SSAs. In addition to single SSA designated area polygons, some EPA regional offices have delineated GIS layers for: (A) Stream-flow zones; (B) Aquifer recharge areas; and (C) Other features at the land surface important for SSA designations. The SSA geo-spatial data set is available for use by government agencies, private organizations, and the public. The Data.gov website has the way to download the data for Sole Source Aquifers.
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 and FEMA's Flood Insurance Rate Map (FIRM) appears to show the subject as being in Community Panel Number 06065-C-1586-G, dated August 28, 2008. The Flood Map appears to show the subject site to be within a shaded Flood Zone X, an area of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Therefore, the structure or insurable property IS NOT located in a FEMA-designated Special Flood Hazard Area (SFHA). 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, floodplain and wetlands protection requirements and regulations.
Wild and Scenic Rivers Act Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c)
Yes No
PROJECT IS IN COMPLIANCE. California has approximately 189,454 miles of river, of which 1,999.6 miles are designated as wild & scenic--1% of the state's river miles. There are 3 designated California Wild and Scenic Rivers many miles West of the Subject: (1) Palm Canyon Creek, (2) Fuller Mill Creek and (3) Bautista Creek. Managing Agency: U.S. Forest Service, San Bernardino National Forest Designated Reach: March 30, 2009. From the source of Fuller Mill Creek in the San Jacinto Wilderness to its confluence with the North Fork San Jacinto River. Classification/Mileage: Scenic -- 2.6 miles; Recreational -- 0.9 miles; Total -- 3.5 miles. Managing Agency: U.S. Forest Service, San Bernardino National Forest Designated Reach: March 30, 2009. From the San Bernardino National Forest boundary in Section 36, Township 6 South, Range 2 East to the San Bernardino National Forest boundary in Section 2, Township 6 South, Range 1 East. Classification/Mileage: Recreational -- 9.8 miles; Total -- 9.8 miles. Managing Agency: U.S. Forest Service, San Bernardino National Forest Designated Reach: March 30, 2009. From the southern boundary of Section 6, Township 7 South, Range 5 East to the San Bernardino National Forest boundary in Section 1, Township 6 South, Range 4 East. Classification/Mileage: Wild -- 8.1 miles; Total -- 8.1 miles. This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act. U.S. DEPARTMENT OF INTERIOR, BUREAU OF LAND MANAGEMENT'S (BLM) CALIFORNIA WILD AND SCENIC RIVERS: The complete list of BLM California wild and scenic rivers is: (1) Amargosa; (2) Cottonwood Creek; (3) Eel; (4) Klamath; (5) Merced; (6) North Fork American; (7) Trinity; and (8) Tuolumne. The Bureau of Land Management in California manages eight (8) wild and scenic rivers, with 109 river-miles and 24,800- acres. These rivers provide rare and lush riparian areas in the desert, challenging whitewater rapids through deep canyons and rugged mountains in central California, and serene mountain valley streams excellent for fly-fishing in northern California. The diverse river habitats provide crucial nurseries for salmon and steelhead in Northern California and for threatened desert pupfish and the Amargosa Vole in Southern California. The Eel River, is the longest free flowing Wild and Scenic River in the continental 48 with 398-miles classified either as wild, scenic or recreational, in cooperation with state, tribal and other federal agencies. Whitewater streams provide a full range of river experiences with Class I, II, & lll rapids for fun day-use and with Class IV and V rapids for an extreme rafting and kayaking experience. Wild and Scenic Rivers are designated to preserve their free-flowing condition and to protect and enhance their outstandingly remarkable scenic, recreational, geologic, fish, wildlife, historic, cultural, or other similar values (Wild and Scenic Rivers Act of 1968).
PROJECT IS IN COMPLIANCE. NO particular mitigation plans or measures are necessary or needed. The Phase 1 ESA Report in the Findings, Conclusions, Opinions and Recommendations pages 37 and 38 indicate, This assessment has revealed NO evidence of recognized environmental conditions (RECs) or environmental issues in connection with the subject property. Please refer to the attached Phase 1 ESA Report for any additional compliance details and remarks with respect to 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.
