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Home My WebLink About2011-079A �1 I Unspecified Site Strategy for Housing Related Activities 0 1 3 as identified in 24 CFR Part 58 . 35(a ) 8 . H . . I Community Development Block Grant ( CDBG ) Neighborhood Stabilization Program 3 ( NSP3 ) Project Identification . B - 11 - UNAM022 i U . S . Department of Housing and Urban Development Contract Number Preparers Bill Schutt , Senior Economic Development Planner, IRC Typed Name and Title Responsible Entity . Indian River County Name of Local Government Month /Year . April 2011 t I i i V 1 i i i ` Page 1 of 10 i Unspecified Site Strategy The Project Description Service area and or geographic area . The service areas for the Neighborhood Stabilization Program 3 ( NSP3 ) project is generally located south of Oslo Road ( 9th Street SW) , east of 27th Avenue , north of 25th Street SW , and west of Old Dixie Highway and Lateral J Canal ( See Exhibit 23 ) . Housing related activities. Activities 01 and 02 , Acquisition and Rehabilitation - Single Familv - These activities include the following : The purchase of ten ( 10 ) foreclosed single family housing units . The housing units acquired ; are to be rehabilitated and sold to households who have incomes less than 120 % of Area Median Income ; • The purchase of three ( 3 ) foreclosed single family housing units . The housing units are to be rehabilitated and sold to households whose total household income is at or below 50 % of Area Median Income . Unmet Need . Activities 01 and 02 , Acquisition and Rehabilitation - Single Familv - The purchase of eleven ( 11 ) additional foreclosed single family housing units . The housing units are to be rehabilitated and sold to households who have incomes less than 120% of Area Median Income (some of these housing units may be sold to households whose total household income is at or below 50% of Area Median Income) . Funding sources and projected dollar amount for the project period . The estimated NSP3 CDBG cost of the activities is budgeted at $ 975 , 279 . 00 in Acquisition and Rehabilitation - Single Family Homeownership at or below 120% AMI ; $ 375 , 107 . 00 in Acquisition and Rehabilitation - Single Family Homeownership at or below 50 % AMI ; and $ 150, 042 . 00 in Program Administration . A total of $ 1 , 500, 428 is the NSP3 CDBG grant amount . Number of years this strategy covers. 2011 through 2015 ( 5 years ) Page 2 of 10 } CERTIFICATION OF CATEGORICAL EXCLUSION ( subject to 58 . 5) Per 24 CFR 58 . 35 (a ) Contract Number : B - 11 - UN - 12 -0022 Housing Related Activities Unspecified Site Strategy I hereby certify that the following activities comprising the Indian River County NSP Grant have been reviewed and determined Categorical Excluded Activity per 24 CFR 58 . 35 (a) as follows : ( 1 ) Acquisition , repair, improvement, reconstruction , or rehabilitation of public facilities and improvements ( other than buildings ) when the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 % ( e . g . replacement of water or sewer lines, reconstruction of curbs and sidewalks, repaving of streets) . ( 2 ) Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and handicapped persons . ( 3 ) Rehabilitation of buildings and improvements when the following conditions are met : ( i ) In the case of multifamily residential buildings : (A) Unit density is not changed more than 20% ( B) The estimated cost of rehabilitation is less than 75 % of the total estimated cost of replacement after rehabilitation ( C) The project does not involve changes in land use from residential to non - residential : and ( ii ) In the case of non - residential structures, including commercial , industrial , and public buildings : (A) The facilities and improvements are in place and will not be changed in size of capacity by more than 20% : and ( B ) The activity does not involve a change in land use, such as from non - residential to residential , commercial to industrial, of from one industrial use to another . XX ( 4 ) An individual action on a one-to-four family dwelling or an individual action on a project of five or more units developed on scattered sites when the sites are more than 2, 000 feet apart and there are not more than four units on any one site . ( 5 ) Acquisition or disposition of an existing structure or acquisition of vacant land provided that the structure or land acquired or disposed of will be retained on any one site . i _ ( 6) Combination of the above activities . Responsible Entity Certifying Official Signature : 004 Signature \ '• D •y�'tMay 17 , 2011 ��pPRDUp 3 ZZ ' I Printed Name Bob Solari c Ti anAlrd of Counly Commissioners % O 1 . 1 • • C ~"••a.....w Page 3 of 10 J STATUTORY WORKSHEET 24 CFR 458 . 5 STATUTES , EXECUTIVE ORDERS & REGULATIONS Use this worksheet only for projects that are Categorically Excluded per 24 CFR § 58 . 35 ( a ) . NOTE : Compliance with the laws and statutes listed at 24 CFR § 58 . 6 must also be documented . PROJECT NAME and DESCRIPTION - CDBG Contract # B - 11 - UN - 12-022 . Activities 01 and 02 , Acquisition and Rehabilitation — Single Family . These activities include the following : The purchase of ten ( 10 ) foreclosed single family housing units that will be rehabilitated and sold to households who have incomes less than 120% of Area Median Income ; and the purchase of three ( 3 ) foreclosed single family housing units that will be rehabilitated and sold to households whose total household income is at or below 50% of Area Median Income . Unmet Need : The following activities will be pursued as NSP3 funds become available . Activities 01 and 02, Acquisition and Rehabilitation — Single Family . The purchase of eleven ( 11 ) additional foreclosed single family housing units . The housing units are to be rehabilitated and sold to households who have incomes less than 120% of Area Median Income ( some of these housing units may be sold to households whose total household income is at or below 50 % of Area Median Income ) . This proposal is determined to be Categorically Excluded according to : ( Cite Section (s ) ) 58 . 35 ( a) DIRECTIONS - Write " A" in the Status Column when the proposal , by its scope and nature , does not affect the resources under consideration ; or write " B " if the project triggers formal compliance consultation procedures with the oversight agency , or requires mitigation . Compliance documentation must contain verifiable source documents and relevant base data . Compliance Factors : STATUTES , EXECUTIVE ORDERS AND COMPLIANCE DETERMINATION REGULATIONS LISTED AT 24 CFR §58 . 5 A/ B AND DOCUMENTATION HISTORIC PRESERVATION B Possible mitigation required ; must be addressed on a site-by- 36 CFR PART 800 site basis . If a property that is selected is potentially historic or located in a historical area , pictures of the dwellings , the surrounding properties and an explanation of the scope of work to be addressed will be sent to the Dept. of State , Bureau of Historic Preservation . Sent e-mail to the Department of State , Bureau of Historic Preservation regarding the project on 4/ 12/ 11 . ( Exhibit 3) . Received return e-mails on 4/ 13/ 11 . ( Exhibit 3 .A) FLOODPLAIN MANAGEMENT B Possible mitigation required ; must be addressed on a site-by- 24 CFR § 55 & EXECUTIVE ORDER 11988 site basis . Once the properties which may be included in the Neighborhood Stabilization Program 3 project have been identified , a copy of the flood plain map for each property will be obtained to determine whether any of the dwellings are located within a Special Flood Hazard Area . An elevation survey will be carried out on those properties located within a Special Flood Hazard area to ensure the finished floor elevation in the living areas of the residences are above the properties ' flood plain elevation . Dwellings with living areas below the flood plain elevation will not be acquired . Two public floodplain notices have been published and are included in the Environmental Review Record . Page 4 of 10 I WETLAND PROTECTION B Possible mitigation required ; must be addressed on a site-by- EXECUTIVE ORDER 11990 site basis . All of the properties purchased will be developed single family lots with homes that will be rehabilitated and sold . Because of this , it is anticipated that no mitigation will be necessary . If rehabilitation activities will include building expansion or removal of vegetated areas previously undisturbed , and those areas are designated as wetlands , a letter indicating the property and the intended scope of work will be sent to the U . S . Army Corps of Engineers for review. Sent a certified letter to the U . S . Army Corps of Engineers regarding the project . (Exhibit 15) Received return receipt. ( Exhibit 153) No response has been received . COASTAL ZONE MANAGEMENT ACT A Indian River County is in a coastal zone area . The Florida SECTIONS 307 ( c) & (d ) State Clearinghouse has received a copy of the application for this project and stated in an email that, based on the information received , the state has no objections to the allocation of federal funds for the referenced activities and , therefore , the proposed funding awards are consistent with the Florida Coast Management Program . See the attached Clearinghouse email . (Exhibit 1 . C) SOLE SOURCE AQUIFERS A Indian River County is not within either the Volusia-Floridian 40 CFR 149 Aquifer or the Biscayne Aquifer. Therefore , the project will have no affect on either sole source aquifer. See Exhibit "20" . ENDANGERED SPECIES ACT B Possible mitigation required ; must be addressed on a site-by- 50 CFR 402 site basis . All of the properties purchased will be developed single family f lots with homes that will be rehabilitated and sold . Because of this , it is anticipated that no mitigation will be necessary . If rehabilitation activities will include building expansion or removal of vegetated areas previously undisturbed , a letter indicating the location and intended scope of work will be sent to the U . S . Fish and Wildlife Service for review. Sent a certified general letter (Exhibit "2") . Received return receipt back. ( Exhibit "2 .A") No response has been received . 1 i WILD AND SCENIC RIVERS ACT A Indian River County is a significant distance from the Wekiva SECTIONS 7 ( b ) & ( c) River and the Loxahatchee River. These are the only two scenic rivers in Florida . Therefore , the project will have no adverse affect on either of the scenic rivers in Florida . See Exhibit "22" . I CLEAN AIR ACT A Rehabilitation does not require additional compliance with the SECTIONS 176 ( c) ( d ) & 40 CFR 6 , 51 , 93 Clean Air Act because no development is created that would contribute to air pollution . For this project , the contractor rehabilitating the properties will comply with the Clean Air Act, OSHA and EPA requirements if demolition or removal of material containing asbestos and lead is needed . If new construction is considered , a letter will be sent to the Florida Department of Environmental Protection — Division of Air , Resources-'with the planned scope of work for review. Sent certified letter regarding project. (Exhibit " 16") Received return receipt. Exhibit " 16 . 13' . i FAIRMLAND PROTECTION POLICY ACT A No important farmlands will be affected by the Neighborhood 7 CFR 658 Stabilization Program 3 , because the acquisition and rehabilitation of existing residential properties will not result in a change of land use that could affect farmland . Page 5 of 10 t ENVIRONMENTAL JUSTICE B By acquiring and reselling or renting properties located in EXECUTIVE ORDER 12898 neighborhoods with high foreclosure rates to qualified recipients , the County will significantly reduce the number of vacant properties in these neighborhoods . Vacant foreclosed properties are typically not well maintained . Communities with high vacancy rates typically experience a higher rate of criminal activity. Thus , by reoccupying the housing units that I are currently vacant , the project will enhance the quality of life for all the people moving into the housing units as well as the people living in the surrounding community. Further, potential sites to be purchased and nearby sites will be reviewed for hazardous materials and substances to avoid placement of NSP3 homeowners on or near environmentally hazardous sites . NOISE ABATEMENT & CONTROL B Through the NSP3 project, the County will rehabilitate existing 24 CFR § 51 B single-family housing units and will not increase density; therefore , no mitigation is required . Consideration of noise impacts , however, must be given . Once the properties are selected , information will be included in the Environmental Review file indicating whether each site is located within 3 , 000 feet of a railroad , 1 , 000 feet of a major highway , or 15 miles from an airport. If any of these conditions are present, a noise assessment will be conducted . If excessive noise levels are found , mitigation measures will be considered . EXPLOSIVE & FLAMMABLE OPERATIONS A Through the NSP3 project, the County will rehabilitate existing 24 CFR § 51 C single-family housing units and will not increase density; therefore , no mitigation is required . The County will , however, attempt to not purchase properties that are located near above ground stationary containers which store , handle or process hazardous substances of an explosive or fire prone nature . HAZARDOUS , TOXIC OR RADIOACTIVE B Possible mitigation required ; must be addressed on a site-by- MATERIALS & SUBSTANCES site basis . 24 CFR 58 . 5 ( 1 ) (2 ) Once the properties to be acquired have been selected , the County will provide documentation that the sites are free of hazards that could affect the health and safety of the planned occupants. AIRPORT CLEAR ZONES A There are no civilian airports within 3 , 000 feet and no military & ACCIDENT POTENTIAL ZONES airports within 2. 5 miles of the NSP3 Target Area . Through 24 CFR 51 D the NSP3 project, the County will not be undertaking new construction , will not be increasing density, and will not be undertaking rehabilitation of existing properties at a cost greater than 75% of the housing unit' s value . Therefore , no mitigation is required . Other Factors A/B Source or Documentation Flood Disaster Protection Act B Possible mitigation required . Once the project sites are [Flood Insurance - § 58 . 6 (a)] decided upon , the new property owner will be required to obtain flood insurance , if a structure is in the 100 year floodplain . Coastal Barrier Resources Act A No Federal funding for development on a designated island . [Coastal Barrier Improvement Act - §58 . 6 (c)] Indian River County will not be acquiring any sites through the NSP which are located on a designated island . Airport Runway Clear Zone or Clear Zone Disclosure A No mitigation required . [§ 58 . 6 (d)] There are no civilian airports within 3 , 000 feet and no military airports within 2 . 5 miles of the NSP3 Target Area . ! I Through the NSP3 , the County will not be undertaking new construction and will not be increasing density in an airport runway clear zone . Page 6 of 10 Determination : This project converts to Exempt , per Section 58 . 34 (a ) ( 12 ) , because it does not require any mitigation for compliance with any listed statutes or authorities , nor requires any formal permit or license ( Status "A" has been determined in the status column for all authorities ) ; No Notice of Intent to Request Release of Funds ( NOI /RROF ) is required . Funds may be committed and drawn down for this multi family project upon execution of a contract with the Department and satisfaction of applicable contract conditions and approval of this review or This project cannot convert to Exempt status because one or more statutes or authorities require formal consultation or mitigation . Complete consultation / mitigation protocol requirements , publish NOI / RROF and obtain Authority to Use Grant Funds ( HUD 7015 . 16 ) per Section 58 . 70 and 58 . 71 before committing or drawing down funds ; or 0 The unusual circumstances of this project may/will result in a significant environmental impact . This project requires preparation of an Environmental Assessment ( EA) . Prepare the EA according to 24 CFR Part 58 Subpart E . e PREPARER SIGNATURE Bill Schutt , Indian River County Senior Economic Development Planner PREPARER NAME & TITLE ON o 01 f ao ....... . DATE •...,.�ys` lsj0 ` RESPONSIBLE ENTITY AGENCY OFFICIAL SIGNATURE s' * ; Bob Solari Chairman Indian River County Board of County Co ion A •. NAME & TITLE : Wu '•,,q'••:. . • May 17 , 2011 4""+' ;sR+ •��► DATE Page 7 of 10 1 Unspecified Site Strategy Process "The Written Strategy" i This written strategy describes the method for the phased environmental review of housing related activities as described in the project description . The sites will be evaluated using the site specific review checklist and as noted in the " Compliance Determination and Documentation " section of the Statutory worksheet . All documentation for the compliance factors included in the site specific review must be completed prior to committing funds for the individual sites . i 1 . Flood Plain Management In response to Executive Order 11988 , Floodplain Management as interpreted in HUD regulations at 24 CFR Part 55, and the Flood Disaster Act of 1973 , each site will be reviewed to determine if the site is in the 100 year flood plain . For activities not excluded at 24 CFR Part 55 . 12, the " Eight Step Decision " making process will be conducted to determine if there is an alternative to funding the project in the flood plain . If there is no alternative to funding the site in the floodplain , mitigating measures will be developed to minimize the effect. All actions located in the flood plain require Flood Insurance as a condition to funding . i 2 . Historic Preservation The National Historic Preservation Act of 1966, as amended , particularly Section 106 and Section 100 , mandate 1 that agencies with jurisdiction over Federal assisted , licensed or approved activities afford the Advisory Council on Historic Preservation and the State Historic Preservation Officer's reasonable opportunity to comment on the project's impact to historic properties . All projects that have the potential to affect a historic property will be submitted to the State Historic Preservation Office for comment. 3 . Hazardous Operations Noise and Hazardous Operations For new construction projects or projects that increase the number of persons exposed to hazards, the Noise study and the hazard study will be conducted as required at 24 CFR Part 51 . Toxics Each site will be observed for evidence of contamination to soil or water . Information about prior uses of the site will also be considered as required at 24 CFR Part 58 . 5 ( 1 ) . 4 , Wetlands In response to Executive Order 11990 , Protection of Wetlands, each site will be reviewed to determine if the site is in wetlands . The " Eight Step Decision " making process will be conducted to determine if there is an alternative to funding the project in the wetland . 5 . Endangered Species For major rehabilitation projects, each site will be reviewed for endangered species act compliance . i Page 8 of 10 Site Specific Review Checklist This checklist is for categorically excluded activities as listed in the unspecified site strategy. Address of Site Signature of Person Who Inspected Site Final Signature Date of Completed Review If there are more than 4 new construction units together, this form cannot be used . Refer to 24 CFR Part 58 . 35 (a ) ( 4 ) . 'I i 1 . Floodplain Management : i Check the Flood Insurance Rate Map ( FIRM ) to determine if the site is in the Floodplain ( 500 year for critical actions, 100 year for all other activities) yes no If yes, and site involves new construction or major rehabilitation , the eight step decision making process is required as described at 24 CFR Part 55 . 20 . Also if yes is checked , Flood Insurance is required . Include proof of Flood Insurance and a copy of the flood insurance map showing location of site in flood plain . If no, attach a photocopy of the portion of the map that indicates your site is not in the Flood Plain . 2 . Wetland Protection : Is site is in a wetland or contain wetland ? yes no If yes, and site involves new construction or major rehabilitation , the eight step decision making process is required as described at 24 CFR Part 55 . 20 . 3 . Historic Preservation . Is the structure on the site or structure adjacent to the site more than 50 years old ? yes, no, OR What is the age of the structure on the site? What is the age of structures on adjacent sites? Is the site in a historic district? yes , no , OR If you are disturbing the soil , does your site have potential to contain archeological properties? yes, no, OR If yes to any of the above, then contact State Historic Preservation Office ( SHPO ) to determine if the property is eligible for the National Register of Historic Places . If no , proceed . 4 . Endangered Species . Contact Fish and Wildlife Service or National Marine Fisheries if the rehabilitation is major in scope ( increasing the building footprint) and endangered species are present; or if rehabilitation activities will be disturbing adjacent natural areas where endangered species are present . 5 . . Hazardous Operations a . Noise For rehabilitation , consideration of noise is all that is required . If the rehabilitation involves activities that would potentially reduce noise ( such as new windows or insulation ) , then consider modifying the activity to reduce noise . Page 9 of 10 For new construction : Is there a Rail Road within 3 , 000 feet yes, no Is there is Highway within 1 , 000 feet yes , no Is there an Airport within 15 miles yes, no Note : You may be able to address airport noise for the whole City and not have to on the site specific review . If yes, conduct a Noise assessment using the HUD Noise calculator at http : // www . hud . gov/offices/cpd/environment/dnIcaIcuIator . cfm List mitigation required : If the noise exceeds acceptable levels, reject the site or migrate to achieve acceptable or normally acceptable Noise levels . If no, proceed with the project. b . Hazardous Operations For rehabilitation , determine the acceptable separation distance ONLY if the rehabilitation is increasing the number of individuals subjected to potential hazard . For new construction , continue below : Are there any above ground storage tanks of more than 100 gallons within 1 mile of the site that contain explosive or flammable liquids? yes no If yes, refer to page 51 and 52 of HUD Hazard Guidebook . Collect information about the size, contents and determine if the tank is under pressure . A site located at a distance less than the ACCEPTABLE SEPARATION DISTANCE should be rejected or mitigated . For example, if the separation distance is 150 feet, a site that is located at 125 feet should be rejected . c . Toxics Observe the site for any evidence that a toxic material cold be present on the site such as : distressed vegetation , vent or fill pipes, storage tanks, pits, ponds or lagoons, stained soil or pavement, pungent, foul or noxious odors, past uses of the site . yes no Check the EPA website for off-site contamination : http : //www . epa . gov/enviro/ html/ multisystem_query_java . html Reject any site that has a presence of Toxics or require cleanup prior to purchasing the site. FACommunity Development\CDBG\2010 NSP\Environmental Reviews\Entire Grant\NSP Unspecified Site Strategy NSP3 - 5 - 16- 1 Ldoc Page 10 of 10