Tier 1 Environmental Review

Public notice

PHB will be submitting a Tier 1 Environmental Review to HUD on July 7, 2020. The Review is available here, and the comment period is open until July 6, 2020.

Published

Notice of Intent to Request Release of Funds 

On or about July 7, 2020 the Portland Housing Bureau (PHB) will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Community Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of 1974 as amended, Public Law 93-383, as amended, to undertake PHB’s Home Repair & Homeownership Acquisition Programs.


This document will be used as a guide for a broad-level Tier 1 environmental review. Tier 1 reviews allow for the categorical exclusion of several compliance factors that do not apply within a service area, in this case, Portland city limits.

This Tier 1 Environmental Review will cover the Portland Housing Bureau’s home repair program and acquisition of single-family homes for affordable homeownership. Because this program does not include any new construction and is limited to existing homes, many of the compliance factors relating to ground disturbance will be categorically excluded.

Compliance Factors

Compliance documentation must contain verifiable source documents and relevant base data for each of the following criteria in correspondence with the Statutes, Executive Orders, and Regulations listed in 24 CFR §58.5 – all applicable regulations are hyperlinked and can be viewed by clicking on the orange link:

  1. Historic Preservation [36 CFR Part 800]
  2. Floodplain Management [24 CFR 55, Executive Order 11988]
  3. Wetland Protection [Executive Order 11990]
  4. Coastal Zone Management Act [Sections 307(c), (d)]
  5. Sole Source Aquifers [40 CFR 149]
  6. Endangered Species Act [50 CFR 402]
  7. Wild and Scenic Rivers Act [Sections 7(b), and (c)]
  8. Clean Air Act [Sections 176(c), (d), and 40 CFR 6, 51, 93]
  9. Farmland Protection Policy Act [7 CFR 658]
  10. Environmental Justice [Executive Order 12898]
  11. Noise Abatement and Control [24 CFR 51B]
  12. Explosive and Flammable Operations [24 CFR 51C]
  13. Toxic Chemicals and Radioactive Materials [24 CFR 58.5 (i)(2)]
  14. Airport Clear Zones and Accident Potential Zones [24 CFR 51D]

Historic Preservation

Historic Preservation cannot be categorically excluded and will have to be determined on a case-by-case basis.

Floodplain Management

Floodplain Management cannot be categorically excluded and will have to be determined on a case-by-case basis.

Wetland Protection

This review covers the City of Portland’s home repair program and the acquisition of single family homes for affordable homeownership exclusively. This program does not include any new construction, ground disturbance, nor rehabilitation that expands beyond the footprint of the building. With that, the Protection of Wetlands Executive Order does not apply.

Coastal Zone Management Act

The City of Portland’s home repair projects will all be outside of the coastal zone defined by Oregon’s Department of Land Conservation and Development and are consistent with the Oregon Coastal Zone Management Program. Coastal Zone Management Act therefore does not apply to this project. See maps attached.

Tier 1 environmental review - coastal zone management act map 1 & 2

Sole Source Aquifers

Portland does not have any sole source aquifers within city limits, and the project is not located on a sole source aquifer review area. The Sole Source Aquifer authority does not apply. See EPA maps attached.

Tier 1 environmental review - EPA aquifer map

Endangered Species Act

The City of Portland’s home repair projects and acquisition of single family homes for affordable homeownership consist solely of the following activities: purchasing existing buildings; completing interior renovations to existing structures; replacement or repairs to existing roofs (not including galvanized material unless it has been sealed or otherwise confined so that it will not leach into storm water); replacing exterior paint or siding on existing buildings. Therefore, it can be concluded that the project will have no effect on listed or proposed species, and designated or proposed critical habitat, and will not jeopardize the continued existence of plants and animals that are listed.

Wild and Scenic Rivers Act

The City of Portland is not within proximity of a Wild and Scenic River, according to the Designated Wild and Scenic Rivers map and Nationwide Rivers Inventory. Therefore, this project will not impede and has no effect on the protection of any free-flowing and scenic rivers designated as components or potential components of the National Wild and Scenic Rivers System from the effects of construction. See maps and list of rivers in the region, both attached.

Tier 1 environmental review - rivers map 1
Tier 1 environmental review - rivers map 2

Clean Air Act

This project does not require an environmental assessment level review because it does not include new construction nor major rehabilitation of existing structures (see definitions below). The City of Portland’s home repair program consists of minor to moderate rehabilitation projects on single family homes or the acquisition of existing buildings. Therefore, Clean Air Act conformity requirements do not apply, pursuant to Title 40 CFR §6.204 “Categorical exclusions and extraordinary circumstances”:

§6.204   Categorical exclusions and extraordinary circumstances.

(a) A proposed action may be categorically excluded if the action fits within a category of action that is eligible for exclusion and the proposed action does not involve any extraordinary circumstances.

(1) Certain actions eligible for categorical exclusion require the Responsible Official to document a determination that a categorical exclusion applies. The documentation must include: A brief description of the proposed action; a statement identifying the categorical exclusion that applies to the action; and a statement explaining why no extraordinary circumstances apply to the proposed action. The Responsible Official must make a copy of the determination document available to the public upon request. The categorical exclusions requiring this documentation are listed in paragraphs (a)(1)(i) through (a)(1)(v) of this section.

(i) Actions at EPA owned or operated facilities involving routine facility maintenance, repair, and grounds-keeping; minor rehabilitation, restoration, renovation, or revitalization of existing facilities; functional replacement of equipment; acquisition and installation of equipment; or construction of new minor ancillary facilities adjacent to or on the same property as existing facilities.

Farmland Protection Policy Act

This review covers the City of Portland’s home repair and affordable homeownership programs exclusively. This program does not include any new construction, ground disturbance, nor rehabilitation that expands beyond the footprint of the building. With that, the Farmland Protection Policy act does not apply.

Environmental Justice

The City of Portland’s home repair program and the acquisition of single family homes do not include any new construction, ground disturbance, nor modifications that expand beyond the footprint of the building. No other environmental laws or authority require mitigation for these projects. There are no adverse environmental impacts caused by the home repair program. The projects carried out do not have any disproportionately high and adverse human health or environmental effects on minority and low-income populations. With that, it can be concluded that the home repair projects do not pose an Environmental Justice concern.

Noise Abatement and Control

The City of Beaverton’s home repair program does not include “substantial” rehabilitation projects, as defined in Basically CDBG, only special purpose rehabilitation projects. These special purpose rehabilitation projects are limited to the removal of architectural barriers for accessibility adaptation, emergency repairs for health and safety, and weatherization – none of which fall under the category of substantial rehabilitation projects. As per the Noise Abatement and Control Form, found on HUD Exchange, this project therefore is not subject to the noise standards.   

Explosive and Flammable Operations

Because it is unknown what chemicals and conditions will be present in each home that receives home repair services, Explosive and Flammable Operations cannot be categorically excluded, and will have to be determined on a case-by-case basis.

Toxic Chemicals and Radioactive Materials

Because it is unknown what chemicals and conditions will be present in each home that receives home repair services, Toxic Chemicals and Radioactive Materials cannot be categorically excluded, and will have to be determined on a case-by-case basis.

Airport Clear Zones and Accident Potential Zones

Because “written housing rehabilitation program policies prohibit major rehabilitation and only minor rehabilitation is allowed compliance with this requirement can be obtained with an area-wide review” per 24 CFR 51D and these programs only consists of minor rehabilitation and purchasing existing buildings, these programs are categorically excludedfrom this and do not apply.

Public Comment

Any individual, group, or agency may submit written comments on this ERR to the Portland Housing Bureau- Home Repair Grant Program and the acquisition of homes for the purpose of affordable homeownership.

Comments may be submitted by email or mail. Follow the link below for more information.

How to submit Public Comment on the ERR

Contact

Stella Martinez

Certifying Officer