Part 58 - Statutory Checklist – 16 Laws and Authorities

(Compliance with 24 CFR 50.4, 58.5, and 58.6 Laws and Authorities)
Record whether mitigation is required on the “Statutory Checklist” for each listed federal statute, executive order, and regulation, as follows:

Important: HUD has online worksheets, which can be used in combination with these instructions, and contain the suggested format that Partners (non-profits, consultants, etc.) and Local Governments can use in the environmental review process for documenting compliance with the environmental requirements.

1. Airport Clear Zones and Accident Potential Zones

Brief Summary: This law requires HUD funded grantees check to make certain that their proposed project will be built outside of runway clear zones and accident potential zones at commercial airports.  Generally, if a map shows that the site is not within 15,000 feet of a military airport or within 2,500 feet of a civilian airport, then the project is compliant.  However, if the site is within these thresholds, then the project may require additional compliance or potentially ineligible for HUD assistance.

Contact airport operator or nearest FAA District office.
Airport locations
Military Bases

HUD Guidance and Technical Assistance: Airport Hazards

Mitigation Required:

• No – a map showing the site is not within 15,000 feet of a military airport or within 2,500 feet of a civilian airport, the project is not within a FAA-designated civilian airport Runway Clear Zone (RCZ) or Runway Protection Zone (RPZ), or within a military airfield Clear Zone (CZ) or Accident Potential Zone (APZ) or Approach Protection Zone (APZ), based on information from the civilian airport or military airfield administrator identifying the boundaries of such zones, OR the project involves only minor rehabilitation, OR the project involves only the sale or purchase of an existing property in the subject zones.
• Yes - It is HUD policy not to provide any development assistance, subsidy, or insurance in RCZs or CZs unless the project will not be frequently used or occupied by people and the airport operator provides written assurances that there are no plans to purchase the project site.

2. Coastal Barrier Resources Act

Pre-determined by HUD - Not applicable for the States of CO, MT, ND, NE, SD, UT, & WY    
No Mitigation Required for Colorado Projects

3. Flood Insurance

Exemption for State-administered assistance:

HUD State-administered assistance such as Community Development Block Grants (CDBG), Emergency Shelter Grants (ESG), and HOME Investment Partnership Grants are considered "formula grants made to States." By law, "formula grants made to States" and along with "general and special revenue sharing" are exempt from the flood insurance purchase requirements by Section 3(a)(3) of the Act. For HUD policy, see 24 CFR 58.6(a)(3).

Important:  Flood insurance is required for supplemental programs such as ARRA funds (2009 stimulus) and CDBG-DR.

HUD Guidance and Technical Assistance: Flood Insurance

Mitigation Required:

• No – If the project is associated with a DOLA State-administered assistance program (CDBG, HOME, etc.), then the project is exempt from Flood insurance and you can list this fact in the environmental review compliance section.  OR you can provide a FIRM map confirming the project is not located in a Special Flood Hazard area, include the FIRM map # in the compliance section as well.  However, if the project is not State administered, then it may require additional compliance with this section if it is located within a Special Flood Hazard Area.
• Yes – If the project is not a HUD State administered assistance program and/or is a Disaster Recovery funded project then compliance with this section may be required.  Utilize the HUD Guidance and Technical Assistance link above to determine how to confirm compliance.

4. Clean Air/Air Quality

Brief Summary: This law requires that each state prepare a State Implementation Plan which specifies the manner in which national primary and state air quality standards are to be achieved and maintained within the state.  Each HUD funded grantee should consult with the State Health Department to make certain that their proposed projects will not adversely affect the ambient air quality standards in the project area.  

• County-level air quality data
• HUD Guidance and Technical Assistance: Air Quality

Mitigation Required:

• No - The project is located within an “attainment” area (An area considered to have air quality as good as or better than the NAAQS as defined in the Clean Air Act), OR, if within a “non-attainment” area, conforms to the EPA-approved State Implementation Plan (SIP), per contact with the State Air Quality Management District or Board, AND the project requires no individual NESHAP permit or notification.
• Yes - Negotiate suitable mitigation measures with the Air Quality Management District or Board; obtain necessary permits; and issue required notices.  (For example, 40 CFR 61.145 requires a 10-day prior notification to the Air Quality District Administrator whenever 260 linear feet, 160 square feet, or 35 cubic feet of asbestos containing material is to be disturbed during rehabilitation/demolition activities in multi-family properties).

5. Coastal Zone Management

Pre-determined by HUD - Not applicable for the States of CO, MT, ND, NE, SD, UT, & WY    
No Mitigation Required for Colorado Projects

6. Toxic Chemicals/Gases, Hazardous Materials, Contamination, & Radioactive Substances

Brief Summary: This law requires that all property proposed for use in HUD programs be free of hazardous materials, contamination, toxic chemicals and gasses, and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the intended utilization of the property.

This is one of the most difficult sections of the checklist because there are multiple sources of contamination that must be assessed.  It is very important that the grantee ensure the property meets all federal and state laws in addressing Lead Based Paint, Asbestos, Mold and Radon concerns.  

Lead Safe Housing Rule

• For assistance with Lead Based Paint compliance utilize the “Lead Rule Compliance Advisor”

Radon

• All New Construction must be constructed with radon-resistant systems.
• All Rehabilitation Projects must complete radon testing prior to the initiation of rehabilitation work to determine if radon levels exceed the EPA recommended action level. Where appropriate, DOLA will evaluate the need for radon mitigation and include it in the scope of work as necessary.
• To learn more about Radon, visit the HUD Radon page.

U.S. EPA NEPA Assist Tool
U.S. EPA Colorado Site Locator
U.S. EPA EnviroMapper for EnviroFacts

HUD Guidance and Technical Assistance: Site Contamination

Mitigation Required:

• No - The subject and adjacent properties are free of toxic chemicals and gases, hazardous materials, contamination, and radioactive substances which could affect the health or safety of occupants or conflict with the intended use of the subject property.  Particular attention should be given to nearby dumps, landfills, industrial sites and other operations with hazardous wastes.  The EPA’s Superfund Enterprise Management System, or SEMS, and other similar databases related to this topic and the State government health agency with jurisdiction should be consulted as determined necessary to make a realistic determination in this matter.  A State government health agency issued site clean-up and clearance letter, for example, may be obtained to reach closure on this issue.
• Yes - Mitigate the adverse environmental condition by removing, stabilizing, or encapsulating the toxic substances in accordance with the requirements of the appropriate Federal, state, and/or local oversight agencies; or reject the proposal.

7. Endangered Species

Brief Summary: This law requires that applicants consult with the U.S. Fish and Wildlife Service (USFWS) in cases where there is the likelihood of endangered species within the project area.  The purpose of the consultation procedure is to ensure that a proposed project will not jeopardize the existence of an endangered species or result in destruction or adverse impact to a cultural habitat for an endangered species.

In cases where projects obviously do not impact listed endangered species, no consultation is needed.  This policy applies to such projects as rehabilitation that does not increase the housing footprint or does not disturb the ground.  A finding to the effect that there is no impact should be made and you must document in the checklist how you made this determination.

Projects for which consultation should occur includes those which involve such activities as withdrawal of water from streams for consumptive use, surface disturbance to native vegetation (e.g. any ground disturbance), or a change in land use.  Utilize the IPaC online planning tool to assist with determining the potential threatened or endangered species/habitat and follow the on screen prompts to formally consult with the USFWS.  The online IPaC tool will allow you to enter your address, define the Area of potential effect (APE) then submit the request for formal consultation.  Please note that simply identifying threatened or endangered species from the IPaC system does not constitute consultation.  You will be required to create an account and login to formally receive consultation and an official species list.  Please be sure that you receive formal consultation and document it appropriately in your Environmental Review Record.

A second option for consultation allows you to submit a consultation letter directly to the Colorado Field Supervisor at the address below and request a listing of the endangered species for your area at the time.  Lastly, you may also make a verbal request, but you will still be required to provide the USFWS office with the results of your research so they are able to provide you a formal consultation letter.  

• IPaC information for Planning and Consultation
• HUD Guidance and Technical Assistance: Endangered Species

Mitigation Required:

• No - The RE determines that 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, animals, fish, or invertebrates), nor adversely modify their critical habitats.  This finding is to be based on contact made with the U.S. Fish and Wildlife Service or with the State government equivalent agency to the USFWS, or by a special study completed by a qualified professional biologist or botanist.  Only a determination of “no effect” does not require being sent to USFWS for concurrence.
• Yes - Consult with the USFWS in accordance with procedural regulations contained in 50 CFR Part 402.  Formal consultation with USFWS is always required for federally funded “major construction” activities and anytime a “likely to adversely affect” determination is made.

8. Explosive and Flammable Operations

Brief Summary: This law requires HUD funded grantees determine whether or not their project is an Acceptable Separation Distance (ASD) from potential hazards due to explosions, fires, or thermal radiation.   If the project site is within one mile of above ground storage tanks, the site must be evaluated for an ASD.  Residential storage tanks less than 100 gallons, gas stations(s), or underground storage tanks, do not require an ASD evaluation.  

Important:

You do not know whether there is a potential hazard without putting in the time required to complete the site assessment.

1. Assess a one mile radius to determine whether there are above ground storage tanks above the 100 gallon threshold;
2. When there are tanks of concern, determine tank size, whether they are under pressure, what is in the tank, is it diked, etc.  This information will likely require you to contact the facility and or local fire or planning department to get this information.
3. Complete an Acceptable Separation Distance Calculation for each ASD, as needed.
   Include all supporting documentation as part of the project file, including google aerial maps and discussions with fire department, local government planning division, tank owners etc.  In some cases you may have to drive the 1 mile radius looking for ASDs to make your determination, as well as review google to make your determination.  In the checklist, detail how you determined your compliance finding and status determination.  

• Use the ASD calculator to confirm compliance.
• HUD Guidance and Technical Assistance: Explosive and Flammable Facilities  

Mitigation Required:

• No - The project is located at an Acceptable Separation Distance (ASD) from any above-ground explosive or flammable fuels or chemicals containers according to HUD publication, OR the project will expose neither people nor buildings to such hazards.
• Yes - Mitigate the blast overpressure or thermal radiation hazard with the construction of a barrier of adequate size and strength to protect the project pursuant to 24 CFR Part 51.205.

9. Farmland Protection

Brief Summary: This law requires that HUD funded grantees who have projects which will result in taking current agricultural lands out of production consult with the U.S. Department of Agriculture, Natural Resources Conservation Service.  If your project does not include new construction, acquisition of undeveloped land, or conversion, that could potentially convert one land use to another, then proceed to the status determination below.  If your project does include one of the previously mentioned impacts, then proceed with determining if there is an impact to farmland.

Federal projects are subject to FPPA requirements if they may irreversibly convert farmland to a non-agricultural use. A finding of compliance with the requirements of the Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.) must be made for assisted new construction activities, the acquisition of undeveloped land, and conversion projects.

Does your project meet one of the following exemptions?

• Construction limited to on-farm structures needed for farm operations
• Construction limited to new minor secondary (accessory) structures such as a garage or storage shed
• Project on land used for water storage
• Project on land already in or committed to urban development (7 CFR 658.2(a))

Note that land “zoned” for development, i.e. non-agricultural use, does not exempt a project from compliance with the FPPA.  

To Determine if your project site is located on Prime, Unique or Significant Farmland, utilize the web soil Survey. Be sure to save the map as a pdf and retain in your project file.  Document the compliance finding and reference the supporting documentation.  

HUD Guidance and Technical Assistance: Farmland Protection

Mitigation Required:

• No - The project site does not include “Important Farmland” or other “Farmland of Statewide or Local Importance” as identified by the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS), formerly the Soil Conservation Service, OR the project site includes such farmland, but is located in an area already “committed to urban use” (land with a density of 30 structures per 40-acre area; lands identified as ‘‘urbanized area’’ (UA) on the Census Bureau Map or as urban area mapped with a ‘‘tint overprint’’ on USGS topographical maps; or as ‘‘urban-built-up’’ on the USDA Important Farmland Maps.).
• Yes - Initiate and complete the “Land Evaluation and Site Assessment” (LESA) decision-making process in coordination with the NRCS, using interagency form AD-1006, “Farmland Conversion Impact Rating”, and consider the resulting rating in deciding whether to modify or approve the proposal, as well as determine appropriate mitigation measures (including measures to prevent adverse effects on adjacent farmlands).

Contact:
William Shoup, State Soil Conservationist
U.S. Department of Agriculture, Natural Resources Conservation Service
Denver Federal Center
Building 56, Room 2604
P.O. Box 25426
Denver, CO  80225-0426
720-544-2850 / william.shoup@co.usda.gov

10. Floodplain Management

Brief Summary: These laws require that grantees review each project site to determine whether or not it is within the floodway, 100 and 500 year floodplain, or a recognized wetlands area.  HUD funds should not be expended on projects in a 100 year floodplain, unless it has been determined that there is no practical alternative to such encroachment.  

To determine if the project is located within the 100 or 500 year floodplain:
Go to FEMA Flood Map Service Center and enter the project address.  Follow the instructions to create a Flood Insurance Rate Map (Firm).  Be sure to include the Area of Potential Effect (APE) on the map, so that it is east to distinguish exactly where the project exists.  Save the Map as a PDF and include as part of the project file, you must retain a hard copy proof of the map for the file. Be sure to list the FIRM Map Number and the date the map was created/revised in your compliance finding as well as reference that the map is attached.  

Important:
You must always utilize the most current Flood data, which in some instances may be a Preliminary Map which hasn’t yet been officially adopted.  To determine whether a Preliminary Map exists for your location click the “Show All Products for This Area” tab after you enter your address at the FEMA Mapping Webpage.  Then click the Preliminary Products folder to see if there is a current Preliminary Map.  

•     FEMA Flood Map Service Center

If it appears that situating the project in a floodplain or wetland area cannot be avoided, the grantee must go through an eight-step process mandated by Federal regulation which must be followed in these situations.  This eight step process includes public input and requires that the community publish two notices related to determination of the impact of this project. The first is called an Early Public Notice, which identifies the nature of the project activity and solicits comments for a period of not less than 15 days.  (Notices should be published in the local newspaper.  In communities that do not have a local paper, the notice should be posted in public buildings such as the city hall, post offices, schools, and/or libraries.)  The second notice, called the Notice of Explanation must be published no less than 15 calendar days after the Early Public Notice and should include the determination as to the impact of the proposed project and whether there are any reasonable alternatives to the proposed activity.

• 8 Step Process Example/Template and Case Study
• HUD Guidance and Technical Assistance: Floodplain Management      

Mitigation Required:

• No - The project does not involve property acquisition, management, construction, or improvements within a floodway or 100-year floodplain identified by FEMA maps, and does not involve a “critical action” (i.e. emergency facilities, facility for mobility impaired persons, etc.) within a 500 year floodplain, or is inapplicable under Part 55.12(b) or (c).  If FEMA has not published flood maps, the RE must make a finding based on the best available data (i.e. from the City/County Engineer or local Flood Control Agency).
• Yes - Complete the 8-step decision making process pursuant to 24 CFR Part 55.20 to document that there are no practicable alternatives to the proposal and to mitigate the effects of the project in a the flood hazard area of concern.
  Note:  Federal assistance may not be used if the project is determined to exist within the Floodway, unless the project is a functionally dependent use or a 55.12(c) exception applies.

11. State & Tribal Historic Properties (including archeology)

Brief Summary: These laws require that the Advisory Council on Historic Preservation, through the State Historic Preservation Office (SHPO) and Tribal Historic Preservation Offices (THPO), have a reasonable opportunity to comment on proposed projects.  In particular, they require that historical, architectural and archeological data should be preserved; that the effects of the project on properties listed in or eligible for the National Register of Historic Places should be determined; and that, in general, properties of historical, architectural, or archeological significance should be preserved or enhanced.  The Council, by law, has up to thirty (30) days to respond.  

State Historic Preservation Office Consultation

• National Register of Historic Places
• Sample Section 106 Letters and Notices
• HUD Guidance and Technical Assistance: Historic Preservation

State Historic Preservation Consultation - Important:

• Begin State Consultation early to avoid delays.  Consultation will take up to 30 days, and in some instances will take longer.  A non-local government can directly consult with the State Historic Preservation Office.
• Be extremely detailed about the project in the consultation letter and include detailed maps and supporting documents.  Closely follow the consultation draft letter template.
• Expect that any new ground disturbance will likely require formal SHPO Consultation.
• Reconstruction projects may not require formal consultation due to a DOLA/SHPO Programmatic agreement.  Contact your DOLA Rep about these Exempted undertakings.
• If you are unsure how to proceed, contact your DOLA Environmental Compliance Officer.  Making mistakes with this consultation can result in significant time delays.      

Tribal Historic Preservation Consultation

Native American tribes are required to be notified depending on the nature of the project.  Any New ground disturbance will require formal Tribal Consultation. Tribal Historic Preservation Offices (THPO), by law, have up to thirty (30) days to respond. 

Determining Which Tribes in which to Consult:
To determine which tribes must be consulted, utilize the Tribal Directory Assessment Tool (TDAT).  Export the tribal data into an Excel Spreadsheet and retain a copy for your project file as documentation.  

How to consult:
Once you determine which tribes require consultation, draft a consultation letter utilizing the template. Be extremely detailed about your project in the consultation letter and include detailed maps and supporting documents.  You may email the consultation when an email address has been provided in the TDAT, and snail mail all correspondence when an email address is unavailable.

Who can consult:
Only Government entities can consult directly with Tribes.  Non-profit or non-local government subgrantees should submit a draft of their consultation letter and supporting documentation to their Division of Housing or Local Government Contact for them to consult on behalf of your project.    

For additional information regarding consultation with federally-recognized tribes who may maintain a continued traditional or cultural interest in certain geographical areas of certain counties, see the Notice CPD-12-006 on the HUD Exchange.

Important  - Tribal Historic Preservation Consultation:

• Reminder: Only a Local Government or the State is eligible to consult directly with Tribes.  Non-Profits and non-local government subgrantees shall draft the consultation letter and create the detailed supporting documentation including the TDAT Spreadsheet, then submit that information to their Division of Housing or Local Government contact. This spreadsheet document must be retained in the project file along with all consultation correspondence.
• Begin Tribal Consultation early to avoid delays.  Consultation will take up to 30 days.
• Expect that any new ground disturbance will likely require formal Tribal Consultation.  Certain rehab projects may require consultation as well.
• If you are unsure how to proceed, contact your DOLA Environmental Compliance Officer.

Mitigation Required:

• No - The Responsible Entity (RE) and the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO), as appropriate, agree that there are No Historic Properties Affected per 36 CFR 800.4 OR the SHPO/THPO has not objected within 30 days to such a fully documented determination.
• Yes - The proposal has an effect on historic properties.  Consult with SHPO/THPO et al., per 36 CFR Part 800.5 et seq., to resolve or mitigate adverse effects on historic properties.

SHPO Contact:
Mark Tobias, Intergovernmental Services Manager – Office of Archaeology and Historic Preservation
History Colorado
1200 Broadway
Denver, Colorado  80203
(303) 866 4674 / Mark.Tobias@state.co.us

THPO Contact:
Tribal Directory Assessment Tool (TDAT)

12. Noise Abatement and Control

Brief Summary: This law requires HUD funded grantees check the impact of noise from major highways (10 year traffic projection into the future), railroads, and airports on their project if it involves housing or some other facility in which people will be spending a lot of time.  The minimum standard for outside noise is normally 65 decibels.  

To assess the noise level, use the Day/Night Noise Level (DNL) Calculator.

Assessing Traffic:  CDOT, local governments and certain COGs have online traffic data.  You must assess cars, medium trucks and heavy trucks. 
Important:  All traffic data must be projected 10 years into the future.  You can utilize the “ADT Data Projection Excel Worksheet” to assist you with calculating this projection, or you may use another method for determining this projection.  You must include the projection worksheet as part of the supporting documentation for the compliance finding. Contact the DOLA Environmental Compliance Officer for questions on this sheet.  

Assessing Airports: Utilize Noise Contour Maps for Civilian and Military Airport Noise Assessments.  
Civil airports subject to HUD noise requirements are those designated in the FAA’s “National Plan of Integrated Airport System” (NPIAS).  Both Commercial Service (CS) and Primary (P) airports have noise contours maps available.  General Aviation (GA) airports with less than 9,000 airport operations per year may be assumed to not present a community noise concern; otherwise, consult airport operator.

Assessing Trains: Utilize Federal Railway Administration traffic crossing data to complete the assessment. 

If your project requires sound attenuation, the following tools may assist with determining mitigation:

• Sound Transmission Classification Assessment Tool (StraCAT) -  
  The purpose of this tool is to document sound attenuation performance of wall systems. Based on wall, window, and door Sound Transmission Classification (STC) values, the STraCAT generates a composite STC value for the wall assembly as a whole.
• Barrier Performance Module - This module provides to the user a measure on the barrier's effectiveness on noise reduction. A list of the input/output variables and their definitions, as well as illustrations of different scenarios are provided.
• HUD Guidance and Technical Assistance: Noise Abatement and Control

Mitigation Required:

• No - The project does not involve the development of noise sensitive uses (noise sensitive uses would include housing, day care center, nursing home, hospital, senior center, library, etc); or the project is not within the line-of-sight threshold distances of:
  • a major or minor arterial roadway (1,000 feet).  All non-residential roads within 1,000 feet that might contribute to the noise level should be considered and evaluated;
  • railroad (3,000 feet); or
  • airport (15 miles) with regularly scheduled commercial or chartered flights
    pursuant to the HUD publication, “Noise Assessment Guidebook”  (NAG) (the implementation guidelines for complying with 24 CFR Part 51, Subpart B); OR using the DNL Noise Calculator the ambient noise level is documented “Acceptable” at 65 dB or less, or is “Normally Unacceptable” between 65-75 dB and has the Responsible Entities or HUD’s approval to proceed with mitigation.
• Yes - Apply the noise standard, per 24 CFR Part 51.101, to the decision whether to approve the proposal (see 24 CFR Part 51.104) and implement noise attenuation measures as applicable.

13. Sole Source Aquifers

Pre-determined by HUD - Not applicable for the States of CO, MT, ND, NE, SD, UT, & WY    
No Mitigation Required for Colorado Projects

14. Wetlands Protection

Brief Summary: These laws require that grantees review each project site to determine whether or not it is within a recognized wetlands area.  HUD funded projects should, to the greatest extent possible, enhance, preserve, and protect wetland areas.

To determine if the project is located within a wetland:
Go to the National Wetlands Mapper, then click on the Wetlands Mapper.  Enter the project address, then create the Area of Potential Effect (APE) by clicking on the “Measure” Tab, then click “area” then click on the map to create an APE around your project site.  When complete, click Print and save a copy to the file as supporting documentation.
Or you can consult with your Fish and Wildlife Office and the contacts below.  But, it is much easier to simply utilize the mapping system.

If it appears that situating the project in a floodplain or wetland area cannot be avoided, the grantee must go through an eight-step process mandated by Federal regulation which must be followed in these situations.  This eight step process includes public input and requires that the community publish two notices related to determination of the impact of this project. The first is called an Early Public Notice, which identifies the nature of the project activity and solicits comments for a period of not less than 15 days.  (Notices should be published in the local newspaper.  In communities that do not have a local paper, the notice should be posted in public buildings such as the city hall, post offices, schools, and/or libraries.)  The second notice, called the Notice of Explanation must be published no less than 15 calendar days after the Early Public Notice and should include the determination as to the impact of the proposed project and whether there are any reasonable alternatives to the proposed activity.

• 8 Step Process Example/Template and Case Study
• HUD Guidance and Technical Assistance: Wetlands Protection

Mitigation Required:

• No - The project does not involve new construction within or adjacent to wetlands, marshes, wet meadows, mud flats, or natural ponds per field observation, a formal wetland delineation, and/or maps issued by the U.S. Department of the Interior, Fish & Wildlife Service (USFWS) or the U.S. Army Corps of Engineers (USACE).
• Yes - Complete the 8-step decision making process pursuant to 24 CFR 55.20 to document there are no practicable alternatives to the proposal and to mitigate effects of the project on wetland areas.  Such actions also require obtaining a permit from the U.S. Corps of Engineers under Section 404 of the Clean Water Act (CWA) for dredging and filling in wetland areas protected by the CWA.

Contact:
Colorado Parks and Wildlife Headquarters and Regional Offices

15. Wild and Scenic Rivers & Nationwide Rivers Inventory

Brief Summary: This law provides for the establishment of a national wild and scenic river system and requires consultation for projects in the vicinity of a designated wild and scenic river or a river on the Nationwide Rivers Inventory to determine whether or not the project will adversely affect the wild, scenic, or recreational value of the river.  

You must assess the following two websites to ensure compliance:

• Nationwide Rivers Inventory in Colorado
• Wild and Scenic Rivers in Colorado

HUD Guidance and Technical Assistance: Wild and Scenic Rivers

In cases where it’s obvious that a project will not impact a designated river or a river on the Nationwide Rivers Inventory, no consultation is needed.  PDF the current list as supporting documentation for your project file.  This policy applies to such projects as rehabilitation or projects not in the vicinity (1,000 feet) of one of these rivers.  A finding of no impact should be made.  If, however, the project involves new construction and is in the vicinity of one of these rivers or the project has the capacity to affect important resources of a listed river, you must contact the National Park Service as indicated below.

Mitigation Required:

• No – A map showing the project is not located within proximity (1,000 feet) of a water resource or evidence the proposed action is not within proximity to a designated Wild, Scenic, or Recreational River OR documentation that contact was made with the Federal (or state) agency that has administrative responsibility for management of the river and that the proposed action will not affect river designation or is not inconsistent with the management and land use plan for the designated river area.
• Yes - Consult with the U.S. Department of Interior, National Park Service for impact resolution and mitigation.

16. Environmental Justice

Brief Summary: The Executive Order encompasses federal actions to address environmental justice in minority populations and low- income populations.  Each Federal agency shall conduct its programs, policies, and activities that substantially affect human health or the environment, in a manner that ensures that such programs, policies, and activities do not have the effect of excluding persons (including populations) from participation in, denying persons (including populations) the benefits of, or subjecting persons (including populations) to discrimination under, such programs, policies, and activities, because of their race, color, or national origin.  

• EPA’s Geographic Assessment Tool provides information relevant to EJ assessments  
• HUD Guidance and Technical Assistance: Environmental Justice

Mitigation Required:

• No - The proposed project/activity is suitable for its proposed location and use and will NOT (1) disproportionately be adversely impacted by or (2) disproportionately adversely impact low income or minority populations.  
• Yes - If the suitability of the proposed project/activity for its proposed location and use is a concern because it would likely disproportionately be adversely impacted by or disproportionately adversely impact low income or minority populations, such impacts should be avoided or mitigated to the extent practicable.  Address and mitigate OR reject the proposal.

Average Daily Traffic (ADT) 10 year Data Projection

Average Daily Traffic Data Projection Worksheet

Enter the current traffic data into the spreadsheet and it will calculate the 10 year projection based on a 1% to 1.5% growth rate. Enter the 10 year projection data into the HUD Day/Night Noise Level Calculator.

Be sure to save the completed projection worksheet as part of your supporting documentation for the file.