Environmental Assessment
Determinations and Compliance Findings
for HUD-assisted Projects
24 CFR Part 58

Project Information

Project Name:	Sidewalk--Vine-Street	

HEROS Number:		900000010504719	

Start Date:		10/23/2025	

Responsible Entity (RE):  	HENDERSON, PO Box 716 Henderson KY, 42419	

RE Preparer:  	Breasha Pruitt 	

State / Local Identifier:  		

Certifying Officer:	

Grant Recipient (if different than Responsible Entity):		

Point of Contact: 		
Consultant (if applicable):		

Point of Contact: 		
40 CFR 1506.5(b)(4): The lead agency or, where appropriate, a cooperating agency shall prepare a disclosure statement for the contractor's execution specifying that the contractor has no financial or other interest in the outcome of the action. Such statement need not include privileged or confidential trade secrets or other confidential business information.  

	By checking this box, I attest that as a preparer, I have no financial or other interest in the outcome of the undertaking assessed in this environmental review.	

Project Location:	Vine Street , Henderson, KY 42420	

Additional Location Information:	
Vine Street between the corner of Fagan and South Alvasia Street.	

Direct Comments to:		

Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508.25]:	
This project proposes the construction of approximately 610 linear feet of new sidewalk along Vine Street, between South Alvasia Street and Fagan Street in Henderson, Kentucky. The area currently lacks sidewalks on both sides of the street, creating unsafe conditions for pedestrians especially children, residents of the local housing authority, and individuals with disabilities. The project will also include the construction of ADA-compliant curb ramps to ensure full accessibility.    Project Purpose and Need:    For over a century, Vine Street has remained without sidewalks, forcing pedestrians to walk in the street. This poses daily safety risks, particularly for school-aged children and residents using wheelchairs or mobility aids. The proposed sidewalk will:    Enhance pedestrian safety by providing a designated walking path.  Improve accessibility for individuals with disabilities.  Connect underserved communities to schools, the South Alvasia neighborhood, and the city's recreational center.  Address long-standing infrastructure neglect in a historically underserved area.    Scope of Work:  Ground disturbance will occur during construction, with appropriate measures taken to minimize environmental and community impact.  Community Impact:    	

Statement of Purpose and Need for the Proposal [40 CFR 1508.9(b)]:
For over a century, Vine Street has remained without sidewalks, forcing pedestrians to walk in the street. This poses daily safety risks, particularly for school-aged children and residents using wheelchairs or mobility aids. The proposed sidewalk will:    Enhance pedestrian safety by providing a designated walking path.  Improve accessibility for individuals with disabilities.  Connect underserved communities to schools, the South Alvasia neighborhood, and the city's recreational center.  Encourage healthy lifestyles through walkability.  Address long-standing infrastructure neglect in a historically underserved area.    This project will significantly improve the quality of life for residents along Vine Street by:    Providing a safe route for children walking to and from school.  Enabling residents with mobility challenges to travel safely and independently.  Connecting neighborhoods to recreational and community resources.  Enhancing neighborhood appearance and property values.  Conclusion:    This sidewalk installation is a critical step toward creating a safer, more inclusive, and connected community. By addressing a 100-year gap in infrastructure, accessibility, and public safety.	

Existing Conditions and Trends [24 CFR 58.40(a)]:
The proposed project area is located along Vine Street between South Alvasia Street and Fagan Street in Henderson, Kentucky. This corridor is situated within a residential neighborhood that includes public housing units, single-family homes, and is in close proximity to schools and the city's recreational center. The area is predominantly urban with moderate vehicular traffic and lacks pedestrian infrastructure.    Currently, no sidewalks exist on either side of Vine Street, forcing pedestrians--including school children, elderly residents, and individuals with disabilities--to walk along the roadway or on unpaved shoulders. This creates significant safety hazards, especially during peak school hours and in inclement weather.    The terrain is relatively flat, and the right-of-way appears to have sufficient space to accommodate sidewalk construction with minimal disruption to adjacent properties. However, ground disturbance will be necessary for grading, sidewalk installation, and ADA ramp construction.    Surrounding Resources and Community Assets:    Henderson Housing Authority residences are located nearby, housing many low-income families.  Schools within walking distance serve a large number of children who currently lack a safe walking route.  The South Alvasia neighborhood is a historically underserved area with limited infrastructure investment.  The city's recreational center is a key community hub for youth and family activities.    Trends Likely to Continue Without the Project:    In the absence of this project, the following negative trends are expected to persist or worsen:    Pedestrian safety risks will remain high, particularly for children and individuals with mobility impairments.  Lack of accessibility will continue to isolate residents who rely on wheelchairs or other mobility aids.  Community disconnection will persist, limiting access to schools, recreational facilities, and social services.  Infrastructure neglect in the area will reinforce patterns of disinvestment and inequity.  Discouragement of walking and outdoor activity, contributing to public health concerns.  Without intervention, the area will continue to lack basic pedestrian infrastructure, perpetuating safety hazards and limiting mobility for vulnerable populations.    	

Maps, photographs, and other documentation of project location and description:

Determination:
	Finding of No Significant Impact [24 CFR 58.40(g)(1); 40 CFR 1508.13] The project will not result in a significant impact on the quality of human environment	
	Finding of Significant Impact	

Approval Documents:

7015.15 certified by Certifying Officer on:		

7015.16 certified by Authorizing Officer on:		

Funding Information 

Grant / Project Identification Number	HUD Program 	Program Name	Funding Amount	
B20MW210007	Community Planning and Development (CPD)	Community Development Block Grants (CDBG) (Entitlement)	$123,242.00	

Estimated Total HUD Funded, Assisted or Insured Amount: 
	$123,242.00	

Estimated Total Project Cost [24 CFR 58.2 (a) (5)]:	$123,242.00	

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	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.	
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 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	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.	
Coastal Zone Management Act
Coastal Zone Management Act, sections 307(c) & (d)	  Yes     No	This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act.	
Contamination and Toxic Substances
24 CFR 50.3(i) & 58.5(i)(2)]	  Yes     No	Site contamination was evaluated as follows: None of the above. 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 exempt from radon consideration. 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	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.	
Explosive and Flammable Hazards
Above-Ground Tanks)[24 CFR Part 51 Subpart C	  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 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	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	The following exception applies, therefore the project is in compliance with Executive Orders 11988 and 13690: 55.12(c) The approval of financial assistance for restoring and preserving the natural and beneficial functions and values of floodplains and wetlands, including through acquisition of such floodplain and wetland property, where a permanent covenant or comparable restriction is placed on the property's continued use for flood control, wetland protection, open space, or park land, but only if:  (1) The property is cleared of all existing buildings and walled structures; and  (2) The property is cleared of related improvements except those which:  (i) Are directly related to flood control, wetland protection, open space, or park land (including playgrounds and recreation areas);  (ii) Do not modify existing wetland areas or involve fill, paving, or other ground disturbance beyond minimal trails or paths; and  (iii) Are designed to be compatible with the beneficial floodplain or wetland function of the property.	
Historic Preservation
National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800	  Yes     No	Based on Section 106 consultation there are No Historic Properties Affected because there are no historic properties present. 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	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	The project is not located on a sole source aquifer area. The project is in compliance with Sole Source Aquifer requirements.	
Wetlands Protection
Executive Order 11990, particularly sections 2 and 5	  Yes     No	The project will not impact on- or off-site wetlands. 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	This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act.	
HUD HOUSING ENVIRONMENTAL STANDARDS	
ENVIRONMENTAL JUSTICE	
Environmental Justice
Executive Order 12898	  Yes     No	No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898.	

Environmental Assessment Factors [24 CFR 58.40; Ref. 40 CFR 1508.8 &1508.27] 

Impact Codes: An impact code from the following list has been used to make the determination of impact for each factor. 
(1)  	Minor beneficial impact
(2)  	No impact anticipated 
(3) 	Minor Adverse Impact – May require mitigation 
(4) 	Significant or potentially significant impact requiring avoidance or modification which may require an Environmental Impact Statement. 

Environmental Assessment Factor	Impact Code	Impact Evaluation	Mitigation	
LAND DEVELOPMENT	
Conformance with Plans / Compatible Land Use and Zoning / Scale and Urban Design	2	 	 	
Soil Suitability / Slope/ Erosion / Drainage and Storm Water Runoff	1	 	 	
Hazards and Nuisances including Site Safety and Site-Generated Noise	2	 	 	
SOCIOECONOMIC	
Employment and Income Patterns	2	 	 	
Demographic Character Changes / Displacement	2	 	 	
Environmental Justice EA Factor	2	 	 	
COMMUNITY FACILITIES AND SERVICES	
Educational and Cultural Facilities (Access and Capacity)	2	 	 	
Commercial Facilities (Access and Proximity)	1	 	 	
Health Care / Social Services (Access and Capacity)	1	 	 	
Solid Waste Disposal and Recycling (Feasibility and Capacity)	2	 	 	
Waste Water and Sanitary Sewers (Feasibility and Capacity)	2	 	 	
Water Supply (Feasibility and Capacity)	2	 	 	
Public Safety  - Police, Fire and Emergency Medical	1	 	 	
Parks, Open Space and Recreation (Access and Capacity)	4	 	 	
Transportation and Accessibility (Access and Capacity)	4	 	 	
NATURAL FEATURES	
Unique Natural Features /Water Resources	2	 	 	
Vegetation / Wildlife (Introduction, Modification, Removal, Disruption, etc.)	2	 	 	
Other Factors 1	 	 	 	
Other Factors 2	 	 	 	
CLIMATE AND ENERGY	
Climate Change	2	 	 	
Energy Efficiency	2	 	 	

Supporting documentation
Vine Street Sidewalks Plans Oct.pdf

Additional Studies Performed:

Field Inspection [Optional]: Date and completed by:		

List of Sources, Agencies and Persons Consulted [40 CFR 1508.9(b)]:
Census data

List of Permits Obtained: 

Public Outreach [24 CFR 58.43]:

062025 Consolidated Plan Public hearing minutes.rtf

Cumulative Impact Analysis [24 CFR 58.32]: 
The proposed project involves the installation of sidewalks along Vine Street, an area that currently lacks pedestrian infrastructure on either side of the roadway. This project is occurring in the context of ongoing and reasonably foreseeable developments in the area, including the construction of additional public housing units and other community improvements.    When considered together, these actions are expected to result in positive cumulative effects on community safety, accessibility, and overall quality of life. The addition of sidewalks will complement new housing developments by providing safe, direct pedestrian connections between residences, schools, recreational centers, and other neighborhood destinations. This improved connectivity will support non-motorized transportation, reduce vehicle dependency for short trips, and enhance walkability throughout the area.    While construction of the sidewalks and associated development projects may create temporary, localized impacts such as noise, dust, and minor vegetation disturbance, these effects are expected to be short-term and adequately mitigated through standard construction management practices. No significant adverse cumulative impacts on air quality, water resources, or biological resources are anticipated.    Over time, the incremental impact of the proposed sidewalk project, combined with other housing and infrastructure improvements, will yield collectively beneficial outcomes, including improved pedestrian safety, reduced transportation barriers for residents without vehicles, and stronger connections among community facilities. The cumulative effect of these efforts will contribute to a safer, more accessible, and more cohesive neighborhood environment.	

Alternatives [24 CFR 58.40(e); 40 CFR 1508.9] 

No Action Alternative [24 CFR 58.40(e)] 
Under the No Action Alternative, no sidewalks would be constructed along Vine Street, and the existing conditions--where no pedestrian infrastructure currently exists on either side of the roadway--would remain unchanged. In the absence of the proposed project, pedestrians, including residents of nearby public housing and future housing developments by the housing authority, would continue to walk along roadway shoulders or within the travel lanes to access schools, recreational facilities, and connecting streets.    Without designated sidewalks, pedestrian safety risks would persist or increase due to rising foot traffic associated with planned residential growth and continued use by students and families traveling to nearby community destinations. The lack of safe pedestrian pathways would also discourage walking as a mode of transportation, potentially limiting accessibility for individuals without vehicles and contributing to social and mobility inequities within the area.    Overall, under the No Action Alternative, community connectivity and pedestrian safety would not improve, and the area would continue to experience unsafe and inefficient conditions for pedestrians. No environmental disturbances would occur from construction; however, the long-term social and safety benefits associated with the proposed sidewalk installation would not be realized.	

Summary of Findings and Conclusions: 
The Environmental Assessment evaluated the potential environmental and community impacts associated with the proposed installation of sidewalks along Vine Street, where there are currently no sidewalks on either side of the roadway. The purpose of the project is to improve pedestrian safety, accessibility, and connectivity for residents traveling to nearby schools, recreational centers, and connecting neighborhood streets.    Beneficial Impacts    Pedestrian Safety and Accessibility: The addition of sidewalks will provide a designated, protected space for pedestrians, significantly reducing potential conflicts between pedestrians and vehicles.    Community Connectivity: The project will enhance walkability by connecting residential areas with schools, parks, and community facilities, encouraging non-motorized transportation and promoting healthier lifestyles.    Quality of Life Improvements: The project supports equitable access to community resources and improves the overall neighborhood environment by creating a safer and more inviting streetscape.    Potential Adverse Impacts    Temporary Construction Disturbances: Construction activities may result in short-term noise, dust, and traffic disruptions for local residents and road users.    Minor Vegetation and Soil Disturbance: Installation of sidewalks may require minor grading and removal of vegetation within the right-of-way.    Mitigation Measures and Changes to the Proposal    To avoid or minimize adverse impacts, the following measures will be implemented:    Use of standard dust control and erosion prevention practices during construction.    Scheduling work during daytime hours to limit noise impacts.    Restoration and replanting of disturbed areas with suitable vegetation following construction.    Coordination with local residents and schools to maintain safe pedestrian and vehicle access throughout construction activities.    Conclusion    With the incorporation of the identified mitigation measures, the proposed addition of sidewalks along Vine Street is not expected to result in any significant adverse environmental impacts. The project will provide substantial long-term benefits to the community by improving pedestrian safety, accessibility, and neighborhood connectivity.	

Mitigation Measures and Conditions [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	Mitigation Plan	Complete	

Project Mitigation Plan
The proposed sidewalk installation along Vine Street will include the following mitigation measures to minimize environmental and community impacts during construction and ensure long-term safety and accessibility. The plan identifies responsible parties, monitoring procedures, and timeframes.    1. Dust and Air Quality Control    Mitigation Measure: Use water spraying or other dust suppression techniques during construction to minimize airborne dust.    Responsible Party: Construction Contractor under oversight of Project Engineer.    Monitoring: Project Engineer to conduct daily site inspections to ensure dust control measures are in place.    Timeframe: Throughout the duration of sidewalk construction.    2. Noise Management    Mitigation Measure: Restrict construction to daytime hours (e.g., 7 a.m. - 6 p.m.) to reduce noise impacts on residents and nearby schools.    Responsible Party: Construction Contractor; monitored by Project Manager.    Monitoring: Weekly noise checks and adherence to schedule enforced by Project Manager.    Timeframe: Entire construction period.    3. Traffic and Pedestrian Safety    Mitigation Measure: Implement temporary traffic control measures (cones, signage, detours) to ensure pedestrian and vehicle safety during construction. Provide clear access routes for schoolchildren and residents.    Responsible Party: Contractor in coordination with local traffic authority; monitored by Project Safety Officer.    Monitoring: Daily inspections of signage and barriers; adjustments made as needed.    Timeframe: Throughout construction until sidewalks are open for use.    4. Vegetation and Soil Management    Mitigation Measure: Minimize vegetation removal; restore disturbed areas with appropriate plantings or turf after construction. Employ erosion control techniques (silt fencing, straw wattles) as needed.    Responsible Party: Landscape Contractor; monitored by Project Engineer.    Monitoring: Pre- and post-construction inspections of disturbed areas to verify restoration and erosion control effectiveness.    Timeframe: During construction and final landscaping phase.    5. Long-Term Maintenance    Mitigation Measure: Incorporate sidewalk maintenance responsibilities into municipal or housing authority agreements to ensure ongoing safety and accessibility.    Responsible Party: Local Public Works Department or Housing Authority Maintenance Staff.    Monitoring: Annual inspections of sidewalks for trip hazards, cracks, or other safety issues.    Timeframe: Ongoing after project completion.    6. Contractual and Documentation Requirements    Mitigation Measure: All above measures will be included in construction contracts, development agreements, and relevant project documents to ensure enforceability.    Responsible Party: Project Manager and Legal/Contracting Staff.    Monitoring: Verification of contract clauses prior to project commencement.    Timeframe: Before construction begins.    Conclusion: By following this mitigation plan, the project will minimize short-term construction impacts and ensure the long-term safety, accessibility, and environmental quality of the residential area surrounding Vine Street, the nearby schools, and recreational center	

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.  		24 CFR Part 51 Subpart D	

1.	To ensure compatible land use development, you must determine your site’s proximity to civil and military airports.  Is your project within 15,000 feet of a military airport or 2,500 feet of a civilian airport?

	No

Based on the response, the review is in compliance with this section. Document and upload the map showing that the site is not within the applicable distances to a military or civilian airport below

	Yes

Screen Summary
Compliance Determination
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.	

Supporting documentation 
 
aiport 2 .png
aiport 1 .png

Are formal compliance steps or mitigation required? 
	Yes	
	No	

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.

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	

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	

4.	While flood insurance is not mandatory for this project, HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).  Will flood insurance be required as a mitigation measure or condition?

Yes	

No	

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	

Air Quality
General requirements	Legislation	Regulation	
The Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), which sets national standards on ambient pollutants. In addition, the Clean Air Act is administered by States, which must develop State Implementation Plans (SIPs) to regulate their state air quality. Projects funded by HUD must demonstrate that they conform to the appropriate SIP.  	Clean Air Act (42 USC 7401 et seq.) as amended particularly Section 176(c) and (d) (42 USC 7506(c) and (d))	40 CFR Parts 6, 51 and 93	

1.	Does your project include new construction or conversion of land use facilitating the development of public, commercial, or industrial facilities OR five or more dwelling units?

	Yes	
	No	

Based on the response, the review is in compliance with this section. 

Screen Summary
Compliance Determination
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.	

Supporting documentation 
Clean air Vine st.png

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Coastal Zone Management Act 
General requirements	Legislation	Regulation	
Federal assistance to applicant agencies for activities affecting any coastal use or resource is granted only when such activities are consistent with federally approved State Coastal Zone Management Act Plans.  	Coastal Zone Management Act (16 USC 1451-1464), particularly section 307(c) and (d) (16 USC 1456(c) and (d))	15 CFR Part 930

This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act.

Screen Summary
Compliance Determination
This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act.	

Supporting documentation 

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Contamination and Toxic Substances

General Requirements	Legislation	Regulations	
It is HUD policy that all properties that are being proposed for use in HUD programs be free of hazardous materials, contamination, toxic chemicals and gases, and radioactive substances, where a hazard could affect the health and safety of the occupants or conflict with the intended utilization of the property.		24 CFR 58.5(i)(2) 
24 CFR 50.3(i)
	
Reference	
https://www.onecpd.info/environmental-review/site-contamination	

1.	How was site contamination evaluated?* Select all that apply.

	ASTM Phase I ESA	

	ASTM Phase II ESA	

	Remediation or clean-up plan	

	ASTM Vapor Encroachment Screening.	

	None of the above	

* HUD regulations at 24 CFR § 58.5(i)(2)(ii) require that the environmental review for multifamily housing with five or more dwelling units or non-residential property include the evaluation of previous uses of the site or other evidence of contamination on or near the site.
For acquisition and new construction of multifamily and nonresidential properties HUD strongly advises the review include an ASTM Phase I Environmental Site Assessment (ESA) to meet real estate transaction standards of due diligence and to help ensure compliance with HUD’s toxic policy at 24 CFR §58.5(i) and 24 CFR §50.3(i).  Also note that some HUD programs require an ASTM Phase I ESA.

2.	Were any on-site or nearby toxic, hazardous, or radioactive substances* (excluding radon) found that could affect the health and safety of project occupants or conflict with the intended use of the property?  (Were any recognized environmental conditions or RECs identified in a Phase I ESA and confirmed in a Phase II ESA?)

Provide a map or other documentation of absence or presence of contamination** and explain evaluation of site contamination in the Screen Summary at the bottom of this screen.

	No	

Explain: 
A address search was performed on NEPAssist.

	Yes	

* This question covers the presence of radioactive substances excluding radon.  Radon is addressed in the Radon Exempt Question.
** Utilize EPA’s Enviromapper, NEPAssist, or state/tribal databases to identify nearby dumps, junk yards, landfills, hazardous waste sites, and industrial sites, including EPA National Priorities List Sites (Superfund sites), CERCLA or state-equivalent sites, RCRA Corrective Action sites with release(s) or suspected release(s) requiring clean-up action and/or further investigation. Additional supporting documentation may include other inspections and reports.

3.	Evaluate the building(s) for radon. Do all buildings meet any of the exemptions* from having to consider radon in the contamination analysis listed in CPD Notice CPD-23-103?

	Yes	

Explain: 
No buildings in the area of project. 

	No	

* Notes:
•	Buildings with no enclosed areas having ground contact.
•	Buildings containing crawlspaces, utility tunnels, or parking garages would not be exempt, however buildings built on piers would be exempt, provided that there is open air between the lowest floor of the building and the ground.
•	Buildings that are not residential and will not be occupied for more than 4 hours per day.
•	Buildings with existing radon mitigation systems - document radon levels are below 4 pCi/L with test results dated within two years of submitting the application for HUD assistance and document the system includes an ongoing maintenance plan that includes periodic testing to ensure the system continues to meet the current EPA recommended levels. If the project does not require an application, document test results dated within two years of the date the environmental review is certified. Refer to program office guidance to ensure compliance with program requirements.
•	Buildings tested within five years of the submission of application for HUD assistance: test results document indoor radon levels are below current the EPA’s recommended action levels of 4.0 pCi/L. For buildings with test data older than five years, any new environmental review must include a consideration of radon using one of the methods in Section A below.

Screen Summary
Compliance Determination
Site contamination was evaluated as follows: None of the above. 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 exempt from radon consideration. The project is in compliance with contamination and toxic substances requirements.	

Supporting documentation 
 
Contamination toxics .png

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Endangered Species 
General requirements	ESA Legislation	Regulations	
Section 7 of the Endangered Species Act (ESA) mandates that federal agencies ensure that actions that they authorize, fund, or carry out shall not jeopardize the continued existence of federally listed plants and animals or result in the adverse modification or destruction of designated critical habitat. Where their actions may affect resources protected by the ESA, agencies must consult with the Fish and Wildlife Service and/or the National Marine Fisheries Service (“FWS” and “NMFS” or “the Services”). 	The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); particularly section 7 (16 USC 1536).	50 CFR Part 402	

1.	Does the project involve any activities that have the potential to affect specifies or habitats? 

	No, the project will have No Effect due to the nature of the activities involved in the project. 
	
This selection is only appropriate if none of the activities involved in the project have potential to affect species or habitats. Examples of actions without potential to affect listed species may include: purchasing existing buildings, completing interior renovations to existing buildings, and replacing exterior paint or siding on existing buildings.
Based on the response, the review is in compliance with this section.

	No, the project will have No Effect based on a letter of understanding, memorandum of agreement, programmatic agreement, or checklist provided by local HUD office	

	Yes, the activities involved in the project have the potential to affect species and/or habitats.	

Screen Summary
Compliance Determination
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.	

Supporting documentation 

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Explosive and Flammable Hazards
General requirements	Legislation	Regulation	
HUD-assisted projects must meet Acceptable Separation Distance (ASD) requirements to protect them from explosive and flammable hazards.	N/A	24 CFR Part 51 Subpart C	

1.	Is the proposed HUD-assisted project itself the development of a hazardous facility (a facility that mainly stores, handles or processes flammable or combustible chemicals such as bulk fuel storage facilities and refineries)?

	No	
	Yes	

2.	Does this project include any of the following activities:  development, construction, rehabilitation that will increase residential densities, or conversion?

	No	

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 is in compliance with explosive and flammable hazard requirements.	

Supporting documentation 
 
Contamination toxics (1).png

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Farmlands Protection 
General requirements	Legislation	Regulation	
The Farmland Protection Policy Act (FPPA) discourages federal activities that would convert farmland to nonagricultural purposes.	Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.)	7 CFR Part 658	

1.	Does your project include any activities, including new construction, acquisition of undeveloped land or conversion, that could convert agricultural land to a non-agricultural use?

	Yes	
	No	

If your project includes new construction, acquisition of undeveloped land or conversion, explain how you determined that agricultural land would not be converted:

Based on the response, the review is in compliance with this section. Document and upload all documents used to make your determination below.

Screen Summary
Compliance Determination
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.	

Supporting documentation 
 
Farm land ER.png

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Floodplain Management
General Requirements	Legislation	Regulation	
Executive Order 11988, Floodplain Management, requires Federal activities to avoid impacts to floodplains and to avoid direct and indirect support of floodplain development to the extent practicable.	Executive Order 11988
* Executive Order 13690
* 42 USC 4001-4128
* 42 USC 5154a
* only applies to screen 2047 and not 2046	24 CFR 55	

1.	Does this project meet an exemption at 24 CFR 55.12 from compliance with HUD’s floodplain management regulations in Part 55?

	Yes	

	(a) HUD-assisted activities described in 24 CFR 58.34 and 58.35(b).	

	(b) HUD-assisted activities described in 24 CFR 50.19, except as otherwise indicated in § 50.19.	

	(c) The approval of financial assistance for restoring and preserving the natural and beneficial functions and values of floodplains and wetlands, including through acquisition of such floodplain and wetland property, where a permanent covenant or comparable restriction is place on the property’s continued use for flood control, wetland projection, open space, or park land, but only if:
(1)	The property is cleared of all existing buildings and walled structures; and
(2)	The property is cleared of related improvements except those which:
(i)	Are directly related to flood control, wetland protection, open space, or park land (including playgrounds and recreation areas);
(ii)	Do not modify existing wetland areas or involve fill, paving, or other ground disturbance beyond minimal trails or paths; and
(iii)	Are designed to be compatible with the beneficial floodplain or wetland function of the property.	

	(d) An action involving a repossession, receivership, foreclosure, or similar acquisition of property to protect or enforce HUD's financial interests under previously approved loans, grants, mortgage insurance, or other HUD assistance.	

	(e) Policy-level actions described at 24 CFR 50.16 that do not involve site-based decisions.	

	(f) A minor amendment to a previously approved action with no additional adverse impact on or from a floodplain or wetland.	

	(g) HUD's or the responsible entity’s approval of a project site, an incidental portion of which is situated in the FFRMS floodplain (not including the floodway, LiMWA, or coastal high hazard area) but only if: (1) The proposed project site does not include any existing or proposed buildings or improvements that modify or occupy the FFRMS floodplain except de minimis improvements such as recreation areas and trails; and (2) the proposed project will not result in any new construction in or modifications of a wetland .	

	(h) Issuance or use of Housing Vouchers, or other forms of rental subsidy where HUD, the awarding community, or the public housing agency that administers the contract awards rental subsidies that are not project-based (i.e., do not involve site-specific subsidies).	

	(i) Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and persons with disabilities.	

Describe: 

	No	

Screen Summary
Compliance Determination
The following exception applies, therefore the project is in compliance with Executive Orders 11988 and 13690: 55.12(c) The approval of financial assistance for restoring and preserving the natural and beneficial functions and values of floodplains and wetlands, including through acquisition of such floodplain and wetland property, where a permanent covenant or comparable restriction is placed on the property's continued use for flood control, wetland protection, open space, or park land, but only if:  (1) The property is cleared of all existing buildings and walled structures; and  (2) The property is cleared of related improvements except those which:  (i) Are directly related to flood control, wetland protection, open space, or park land (including playgrounds and recreation areas);  (ii) Do not modify existing wetland areas or involve fill, paving, or other ground disturbance beyond minimal trails or paths; and  (iii) Are designed to be compatible with the beneficial floodplain or wetland function of the property.	

Supporting documentation 
 
Flood map.png

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Historic Preservation
General requirements	Legislation	Regulation	
Regulations under Section 106 of the National Historic Preservation Act (NHPA) require a consultative process to identify historic  properties, assess project impacts on them, and avoid, minimize,  or mitigate adverse effects   	Section 106 of the National Historic Preservation Act 
(16 U.S.C. 470f)	36 CFR 800 “Protection of Historic Properties” https://www.govinfo.gov/content/pkg/CFR-2012-title36-vol3/pdf/CFR-2012-title36-vol3-part800.pdf

Threshold
Is Section 106 review required for your project? 

	No, because the project consists solely of activities listed as exempt in a Programmatic Agreement (PA ). (See the PA Database to find applicable PAs.)
	
	No, because the project consists solely of activities included in a No Potential to Cause Effects memo or other determination [36 CFR 800.3(a)(1)].
	
	Yes, because the project includes activities with potential to cause effects (direct or indirect).

Step 1 – Initiate Consultation
Select all consulting parties below (check all that apply):

 State Historic Preservation Offer (SHPO)	Completed	

	Indian Tribes, including Tribal Historic Preservation Officers (THPOs) or Native Hawaiian Organizations (NHOs)	

	Other Consulting Parties	

Describe the process of selecting consulting parties and initiating consultation here: 

Areas close by have been deemed historic and SHPO was performed.	

Document and upload all correspondence, notices and notes (including comments and objections received below).

Was the Section 106 Lender Delegation Memo used for Section 106 consultation?

Yes	

No	

Step 2 – Identify and Evaluate Historic Properties
1.	Define the Area of Potential Effect (APE), either by entering the address(es) or uploading a map depicting the APE below:
834 Vine Street area between Alvasia and Fagan	

In the chart below, list historic properties identified and evaluated in the APE. Every historic property that may be affected by the project should be included in the chart.

Upload the documentation (survey forms, Register nominations, concurrence(s) and/or objection(s), notes, and photos) that justify your National Register Status determination below.  

Address / Location / District	National Register Status	SHPO Concurrence	Sensitive Information	
Madison Street	Listed	Yes	  Not Sensitive	
Plum Street	Listed	Yes	  Not Sensitive	

Additional Notes:

2.	Was a survey of historic buildings and/or archeological sites done as part of the project?

	Yes	
	No	

Step 3 –Assess Effects of the Project on Historic Properties 

Only properties that are listed on or eligible for the National Register of Historic Places receive further consideration under Section 106.   Assess the effect(s) of the project by applying the Criteria of Adverse Effect. (36 CFR 800.5)]  Consider direct and indirect effects as applicable as per guidance on direct and indirect effects.

Choose one of the findings below - No Historic Properties Affected, No Adverse Effect, or Adverse Effect; and seek concurrence from consulting parties.  

	No Historic Properties Affected	

Based on the response, the review is in compliance with this section. Document and upload concurrence(s) or objection(s) below.

         Document reason for finding: 
	No historic properties present.	
	Historic properties present, but project will have no effect upon them.	

	No Adverse Effect	

	Adverse Effect	

Screen Summary
Compliance Determination
Based on Section 106 consultation there are No Historic Properties Affected because there are no historic properties present. The project is in compliance with Section 106.	

Supporting documentation 
 
SHPO CDBG New Construction December 2021.pdf

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Noise Abatement and Control 
General requirements	Legislation	Regulation	
HUD’s noise regulations protect residential properties from excessive noise exposure. HUD encourages mitigation as appropriate.	Noise Control Act of 1972

General Services Administration Federal Management Circular 75-2: “Compatible Land Uses at Federal Airfields”	Title 24 CFR 51 Subpart B	

1.	What activities does your project involve? Check all that apply:

	New construction for residential use	

	Rehabilitation of an existing residential property	

	A research demonstration project which does not result in new construction or reconstruction	
	An interstate land sales registration	
	Any timely emergency assistance under disaster assistance provision or appropriations which are provided to save lives, protect property, protect public health and safety, remove debris and wreckage, or assistance that has the effect of restoring facilities substantially as they existed prior to the disaster	
	None of the above	

Screen Summary
Compliance Determination
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.	

Supporting documentation 

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Sole Source Aquifers 
General requirements	Legislation	Regulation	
The Safe Drinking Water Act of 1974 protects drinking water systems which are the sole or principal drinking water source for an area and which, if contaminated, would create a significant hazard to public health.	Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300f et seq., and 21 U.S.C. 349)	40 CFR Part 149	

1.	Does the project consist solely of acquisition, leasing, or rehabilitation of an existing building(s)? 

	Yes	
	No	

2.	Is the project located on a sole source aquifer (SSA)?
A sole source aquifer is defined as an aquifer that supplies at least 50 percent of the drinking water consumed in the area overlying the aquifer. This includes streamflow source areas, which are upstream areas of losing streams that flow into the recharge area.

	No	

Based on the response, the review is in compliance with this section. Document and upload documentation used to make your determination, such as a map of your project (or jurisdiction, if appropriate) in relation to the nearest SSA and its source area, below.

	Yes	

Screen Summary
Compliance Determination
The project is not located on a sole source aquifer area. The project is in compliance with Sole Source Aquifer requirements.	

Supporting documentation 
 
sole source 1 Vine Street .png

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Wetlands Protection 
General requirements	Legislation	Regulation	
Executive Order 11990 discourages direct or indirect support of new construction impacting wetlands wherever there is a practicable alternative. The Fish and Wildlife Service’s National Wetlands Inventory can be used as a primary screening tool, but observed or known wetlands not indicated on NWI maps must also be processed Off-site impacts that result in draining, impounding, or destroying wetlands must also be processed. 	Executive Order 11990	24 CFR 55.20 can be used for general guidance regarding the 8 Step Process.	

1.	Does this project involve new construction as defined in Executive Order 11990, expansion of a building’s footprint, or ground disturbance? The term "new construction" shall include draining, dredging, channelizing, filling, diking, impounding, and related activities and any structures or facilities begun or authorized after the effective date of the Order

	No	
	Yes	
2.	Will the new construction or other ground disturbance impact an on- or off-site wetland? The term "wetlands" means those areas that are inundated by surface or ground water with a frequency sufficient to support, and under normal circumstances does or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds.

"Wetlands under E.O. 11990 include isolated and non-jurisdictional wetlands."

	No, a wetland will not be impacted in terms of E.O. 11990’s definition of new construction.	

Based on the response, the review is in compliance with this section. Document and upload a map or any other relevant documentation below which explains your determination 

	Yes, there is a wetland that be impacted in terms of E.O. 11990’s definition of new construction.	

Screen Summary
Compliance Determination
The project will not impact on- or off-site wetlands. The project is in compliance with Executive Order 11990.	

Supporting documentation 
 
Wetlands Vine st sidewalk .png

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Wild and Scenic Rivers Act
General requirements	Legislation	Regulation	
The Wild and Scenic Rivers Act provides federal protection for certain free-flowing, wild, scenic and recreational rivers designated as components or potential components of the National Wild and Scenic Rivers System (NWSRS) from the effects of construction or development. 	The Wild and Scenic Rivers Act (16 U.S.C. 1271-1287), particularly section 7(b) and (c) (16 U.S.C. 1278(b) and (c))	36 CFR Part 297 	

1.	Is your project within proximity of a NWSRS river?  

	No	
	Yes, the project is in proximity of a Designated Wild and Scenic River or Study Wild and Scenic River.	
	Yes, the project is in proximity of a Nationwide Rivers Inventory (NRI) River.	

Screen Summary
Compliance Determination
This project is not within proximity of a NWSRS river. The project is in compliance with the Wild and Scenic Rivers Act.	

Supporting documentation 
 
wild and scenic rivers act .png

Are formal compliance steps or mitigation required? 
	Yes	
	No	

Environmental Justice
General requirements	Legislation	Regulation	
Determine if the project creates adverse environmental impacts upon a low-income or minority community.  If it does, engage the community in meaningful participation about mitigating the impacts or move the project.  	Executive Order 12898		

HUD strongly encourages starting the Environmental Justice analysis only after all other laws and authorities, including Environmental Assessment factors if necessary, have been completed. 

1.	Were any adverse environmental impacts identified in any other compliance review portion of this project’s total environmental review?

	Yes	
	No	

Based on the response, the review is in compliance with this section. 

Screen Summary
Compliance Determination
No adverse environmental impacts were identified in the project's total environmental review. The project is in compliance with Executive Order 12898.	

Supporting documentation 

Are formal compliance steps or mitigation required? 
	Yes	
	No