Tier II Site-Specific Checklist
(I ncludes all Section 58.5 and 58.6 compliance factors )
Completion of this site-specific clearance constitutes Tier II of a tiered environmental review and includes an analysis of each compliance factor that could not be resolved by the target area (Tier I) review . Compliance factors relevant to this Tier II checklist must be identified in the Tiered Review Strategy for this grant. S ubmission of completed forms must be provided upon request from MSHDA/HUD. A copy of the c ompleted Checklist and all supporting documentation must be retained in the project file. Refer to Compliance section of this manual to assist with the completion of this checklist.
Project Address:
Grantee:
Grant No.
Select the factors identified in the Tiered Review Strategy as needing site-specific clearance by checking the box in the margin before each environmental factor.
SEC. 58.6 COMPLIANCE FACTORS :
FLOOD DI SASTER PROTECTION ACT [Flood Disaster Protection Act of 1973, as amended (42 USC 4001‐4128)] (www.msc.fema.gov) requires that homeowners purchase flood insurance for buildings located in Special Flood Hazard Areas (SFHA), when Federal or Federally-regulated financial assistance is used to acquire, improve, or construct a building. Flood insurance on the property must be monitored and enforced by the grantee throughout the life of the improvement or the life of the financial interest, whichever is less. Maintenance of flood insurance should be a condition of the loan agreement.
1. Is the project funded with a HUD formula grant through CD (i.e., CD HOME or CDBG grant):
Yes. The project is exempt pursuant to 58.6(3)(a). Compliance established; go to Coastal Barriers Resources question below.
No. Proceed to question #2.
2. Does the project involve acquisition, construction or rehabilitation of structures located in a FEMA-identified Special Flood Hazard area? Copy of Flood Insurance Rate Map (FIRMette) required to confirm location of flood zones and project.
No. Flood insurance is not required. Compliance is established; go to Coastal Barriers Resources question below.
Yes; proceed to question 3.
3. Is the structure or part of the structure located in a FEMA designated Special Flood Hazard Area?
No. Source document (FEMA/FIRM floodplain zone designation, panel number, date):
. Stop; compliance established; go to Coastal Barriers Resources question below.
Yes. Source document (FEMA/FIRM floodplain zone designation, panel number, date):
. Proceed to question 4.
4. Is the community participating in the National Flood Insurance Program (NFIP) (or has less than one year passed since FEMA notification of Special Flood Hazards)?
Yes. In addition to community participation in NFIP, flood Insurance must be obtained and maintained for the economic life of the activity to cover the total activity cost. A copy of the flood insurance policy declaration must be kept in the ERR.
No. HUD assistance may not be provided for this property in the Special Flood Hazards Area.
NOTE: Grantees choosing to assist projects requiring flood insurance must develop written procedures for monitoring insurance requirements. These procedures would require annual documentation/verification of the community’s participation in FEMA’s National Floodplain Insurance Program and payment of the property owner’s flood insurance premium. Grantees are responsible for ensuring compliance with the insurance requirement.
COASTAL BARRIERS RESOURCES ACT [Coastal Barrier Improvement Act of 1990 (16 USC 3501)] . Go to .gov/habitatconservation/State_Locator_Maps/Small_MI.pdf for CBRS area maps.
Is the project located in a Coastal Barrier Resource System (CBRS) area?
No. Cite source documentation (activity description and/or map or letter). Compliance established; go to Airport Runway question below.
Yes. Federal assistance may not be used in a CBRS area.
AIRPORT RUNWAY CLEAR ZONES AND CLEAR ZONES DISCLOSURES [24 CFR 51, Subpart D]
The only commercial airports in Michigan that meet HUD’s service threshold for compliance are: APN, CVX, DTW, ESC, FNT, GRR, CMX, IMT, IWD, AZO, LAN, MBL, SAW, MKG, PLN, MBS, CIU, TVC.
Does the project involve new construction, substantial rehabilitation, acquisition of undeveloped land, or activities that would significantly prolong the physical or economic life of existing facilities that will be frequently used or occupied by people?
Yes. HUD assistance may not be used for this project.
No. Continue with next question.
Does the project involve the sale or acquisition of existing property within a Civil Airport's Runway Clear Zone, Approach Protection Zone, or a Military Installation's Clear Zone?
No. Cite source documentation (activity description and map). Compliance established.
Yes. Cite source documentation (map). Disclosure statement must be provided to buyer and contained in project’s ERR. (Forms Notice to Prospective Buyers in Runway Clear Zone)
SECTION 58.5 COM P LIANCE FACTORS:
HISTORIC PRESERVATION
Does the project involve a property 50 years or older, demolition, or new construction?
No. STOP here; compliance established. Yes. Consult with SHPO. Date SHPO review is completed: . Attach Historic Response Sheet.
FLOODPLAIN MANAGEMENT
Is the property in a Special Flood Hazard Area (100-year floodplain)?
No. STOP here; compliance established. Attach floodplain map with project site noted (x).
Yes, but project is exempt pursuant to 24 CFR 55.12. Exempt activity is: . STOP here; compliance established.
Yes, complete the 8-step Decision Making Process. Determination:
WETLAND PROTECTION
Is the property located in a Michigan designated wetland?
No. STOP here; compliance established. Attach Wetland Inventory Map from the DNRE with project site noted (x).
Yes. Proposed new construction activity in a wetland. STOP here; new construction not an eligible activity in a wetland.
Yes. All proposed project activities (other than new construction) have the potential to adversely impact a wetland. Complete the 8-step Decision Making Process. Determination:
COASTAL ZONE MANAGEMENT
Is the project located within a Michigan Coastal Zone?
No. STOP here; compliance established. Attach copy of Michigan Coastal Zone Management Area map showing proximity of project site to the Coastal Zone Management Area in your county.
Yes. Contact the Michigan Coastal Management Program at the DEQ for compliance requirements. Written sign off from the DEQ is required before proceeding with the environmental review process.
SOLE SOURCE AQUIFERS
There are no sole source aquifers in Michigan. This factor will always be cleared in Tier I of the NEPA review process.
ENDANGERED SPECIES – Endangered species are present in every county. Select the option below that best fits your project site.
The project does not propose new construction and therefore does not have potential to modify habitat for federally-listed threatened and endangered species.
The proposal will have “no effect” or “is not likely to adversely affect” any federally protected (listed or proposed) Threatened or Endangered Species (i.e., plants or animals, fish, or invertebrates), nor adversely modify critical habitats.
The proposed project is likely to adversely affect a federally protected (listed or proposed) Threatened or Endangered Species (i.e., plants or animals, fish, or invertebrates), or will adversely modify critical habitats.
Contact the U.S. Fish and Wildlife Service for compliance requirements. Projects likely to affect any protected species or their habitats are not suitable for CD’s federal housing program.
WILD AND SCENIC RIVERS
Is the project located within 1 mile of a designated as Wild and Scenic River site?
No. STOP here; compliance established. Attached copy of Wild and Scenic River map with project site clearly identified (x).
Yes. Consultation with the U.S. Department of Interior, National Park Service produced the attached impact resolution and/or mitigation assistance.
CLEAN AIR ACT
Does the project include new construction or conversion of land use facilitating the development of public, commercial, or industrial facilities OR five or more dwelling units?
No. STOP here; compliance established.
Yes. Continue.
Is your project’s county or air quality management district in attainment status for ALL criteria pollutants? Refer to Michigan NAAQS Attainment Status map (References. Clean Air. MI Attainment Status Map) and EPA’s Green Book on Nonattainment Areas for Criteria Pollutants (available through OneCPD à Manage a Program à Environmetnal Review à Clean Air) to make this determination.
Yes. STOP here; compliance established.
No. Determine which criteria pollutants are in nonattainment status and make a conformity determination for each pollutant where emissions exceed de minims levels.
NOISE ABATEMENT AND CONTROL
Is the project located within 1000 ft. of a busy road or highway, 3000 ft. of a railroad, 5 miles of a civil airport or 15 miles of a military airfield? No. STOP here; compliance established. Yes. Complete the Noise Abatement and Control Checklist and attach.
EXPLOSIVE & FLAMMABLE OPERATIONS
1. Is this proposed project within 1 mile of any visible, explosive- or flammable-substance container (a stationary, above-ground tank with a capacity of more than 100 gallons)?
No. STOP here. Compliance established per 24 CFR sec. 51.201. Yes. Proceed to question 2.
2. Will this proposed acquisition/rehabilitation project result in increased residential density or cause a vacant building to become habitable?
No. STOP here. Compliance established. Yes. Proceed to question 3.
3. Note tank volume: gallons, or diked area around tank: square feet. Record distance from the project to the flammable/explosives container: feet.
According to HUD Guidebook “Siting of HUD-Assisted Projects Near Hazardous Facilities” (HUD-1060-CPD), the Acceptable Separation Distance (ASD) for both blast overpressure and thermal radiation is: feet. [The applicable ASD is the greater of the two distances (see Appendix F for Thermal Radiation and Appendix G for Blast Overpressure).]
4. The project is located at an Acceptable Separation Distance according to Appendices F and G.
Yes. STOP here. Compliance established.
TOXIC/HAZARDOUS/RADIOACTIVE MATERIALS, CONTAMINATION, CHEMICALS OR GASES
1. Are there visible dumps, landfills, industrial sites or other locations containing or releasing toxic/hazardous/radioactive/materials, chemicals or hazardous wastes on or near the subject site?
Yes. No. Document the source information used to make this determination:
2. Does this project site contain an underground storage tank (which is not a residential fuel tank)?
Yes. No. Document the source information used to make this determination:
3. Do federal, state or local environmental records sources reveal on or nearby sites that may pose threats to the subject site occupants/ health or safety?
Yes. No. Document the source information used to make this determination:
4. Determination: Is the subject property free of hazardous materials, contamination, toxic chemicals, gases and radioactive substances which could affect the health or safety of occupants or conflict with the intended use of the property? Check “yes” only if all answers to 1-3 above are “no.”
Yes.
No. Proceed with #5.
5. Sites known or suspected to be contaminated by toxic chemicals or radioactive materials include but are not limited to sites: (i) listed on an EPA Superfund National Priorities or CERCLA List, or equivalent State list; (ii) located within 3,000 feet of a toxic or solid waste landfill site; or (iii) with an underground storage tank. For any of these conditions, the grantee must provide an ASTM Phase I report. Any additional studies that may be required to make a determination must be completed. All ASTM Phase I and Phase II reports must be submitted for review by MSHDA’s Environmental Officer.
6. Determination must be made whether nearby toxic, hazardous or radioactive substances could affect the health and safety of project occupants. Submit the information and findings gathered to MSHDA for review.
7. Provide MSHDA with proposed measures to mitigate the adverse environmental condition (e.g., shielding, removing or encapsulating the toxic substances) according to the requirements of the appropriate federal, state or local oversight agency; OR reject the subject proposal. Attach all pertinent documentation.
Other. Environmental factor: . Determination/findings:
Source documentation used to make this determination:
Other. Environmental factor: . Determination/findings:
Source documentation used to make this determination:
Other. Environmental factor: . Determination/findings:
Source documentation used to make this determination:
Signature: Date: Preparer's Name and Title
ENVIRONMENTAL REVIEW
11 Forms Tier II Site-Specific Checklist, 10.08.14
1