The environmental review is a comprehensive look at a development's potential impact on the environment to determine whether it meets all federal, state, and local environmental standards. We complied a step by step review completion below with helpful links and tools.
Part 58 Exempt - CENST Form
Exempt activities are listed in eCFR :: 24 CFR 58.34 -- Exempt activities. and 58.35(b). These include:
Part 58 Exempt - CENST Review Form
Part 58 Exempt - CENST CHDO Operating example
Part 58 CEST Form
Excluded activities are listed in eCFR :: 24 CFR 58.35 -- Categorical exclusions. These include:
Part 58 Environmental Assessment Form
All activities which are not Exempt or Categorically Excluded above are subject to a Part 58 Enviromental Assessment. Some examples include:
Part 58 Exempt activities are limited to CHDO Operating, Supportive Services, Tenant Based Rental Assistance, and DPA.
If your project is Part 58 Exempt, please complete the Part 58 Exempt - CENST Review Form and deliver it to staff for review and signature.
No 106 notices or supporting documents are required.
106 Notices only apply to Part 58 Categorically Excluded and Part 58 Environmental Reviews.
Who needs to receive a 106 notice?
For all New Construction and Rehabilitation projects, a letter needs to be prepared for all tribes that have a vested interest in the property as well as the State Historic Preservation Office (SHPO).
New Construction projects need to also prepare a letter for the Oklahoma Archaeological Survey.
How do I know which tribes need to be contacted?
Visit https://egis.hud.gov/TDAT/ to view which tribes need to be contacted. The TDAT report will have the names, titles and contact information for all tribes that need to be contacted.
Can my organization send these letters out or contact the tribes directly?
No, OHFA staff must review and sign letters before they are sent out and OHFA staff are responsible for letter tracking as part of the environmental process.
OHFA is the consulting agency on all awards approved by our Board, so all communication with the Tribes, SHPO, and OAS have to be funneled through us.
What attachments need to be included with the 106 notices?
On all letters, a map of the proposed site and a picture of any existing structures, needs to be included.
For properties located in a historic district, site plans / rehabilitation plans need to be included.
For Rehabilitation projects where the property is more than 45 years old, please also include the following SHPO form - Older than 45 Years.
What all needs to be sent to OHFA staff for letter processing?
The completed letter templates, the TDAT report that shows which tribes need to be contacted, and any letter attachments.
When is the earliest letters can be sent to staff for review / sending?
Letters can be sent to staff for review and sending after you have received a final review sheet from staff letting you know that your project has passed threshold.
Is there anything else I should be aware of for 106 notices?
There is a mandatory 30-day response window on 106 notices that does not start until all the letters have been delivered. Applicants cannot submit their environmental review for approval until after the 30-day window has ended. Staff will let you know when all the letters have been delivered and when the 30-day response window will end.
SHPO Letters:
Tribal Letter:
Oklahoma Archeological Survey (OAS) Letter:
After you have determined what environmental review applies to your development, and after 106 notices have been sent to OHFA staff, its time to fill out the Enviromental Review form.
When completing the Enviromental Review form, be sure to check yes or no on each item to indicate if it affects your project. To the right of each check box is a space to provide a short description as to why each environmental criteria affects or does not affect your property. Please provide documentation to support your answer on each listed item. Please see below for more guidance.
Airport Hazards:
Is the development site within 15,000 feet of a military airport or 2,500 feet of a civilian airport?
Documentation Requirements: A map that identifies all airports surrounding the development site and that shows how far the development is from each airport in feet.
HUD Resources: Airport Hazards - Environmental Review - HUD Exchange
Coastal Barrier Resources:
Is the development located in a Coastal Barrier Resources system?
Documentation Requirement: A general location map establishing the development is located in a state where there are no coastal zones. Please see the Coastal Barrier Resources System Mapper: CBRS Mapper (usgs.gov).
HUD Resources: Coastal Zone Management - Environmental Review - HUD Exchange
Flood Insurance:
Does the development exist on a Flood Plain?
Documentation Requirement: A FEMA Flood Insurance Rate Map (FIRM) showing that the development is not located in a Special Flood Hazard Area. Please see the FEMA Flood Map Service: FEMA Flood Map Service Center | Welcome!
HUD Resources: Flood Insurance - Environmental Review - HUD Exchange
Radon:
Is the unit exposed to Radon levels above 4pCi/L?
Documentation:
New Construction – Provide a statement confirming that Radon testing will be completed after construction has been completed, but before occupants move in the unit.
Rehabilitation – Provide a lab report showing that testing was completed, and that any Radon detected was within an acceptable level. EPA certified At-Home testing kits with lab testing are acceptable.
HUD Resources: About Radon | HUD.gov / U.S. Department of Housing and Urban Development (HUD).
Clean Air:
Is the development in a county with a non-attainment status?
Documentation: Provide a printout of the Oklahoma Department of Environmental Quality’s page on NAAQS Attainment Status. This can be found at: Air Quality Rules & Planning - Oklahoma Department of Environmental Quality
HUD Resources: Air Quality - Environmental Review - HUD Exchange
Coastal Zone Management:
Is the development located in a designated Coastal Zone?
Documentation: A general location map establishing the development is located in a state where there are no coastal zones. CBRS Mapper (usgs.gov).
HUD Resources: Coastal Zone Management - Environmental Review - HUD Exchange
Contamination and Toxic Substances:
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?
Is the development site listed on the EPA Superfund National Priorities, CERCLA List, or Oklahoma Corporation Commission database? Are there any above ground or below ground storage tanks within 1 mile of the development? Are there any underground pipelines within or immediately adjacent to the development site?
Documentation: Provide a map or series of maps showing that site is not near any of the identified hazards.
Useful Sites: NEPA Hazard Identifier: NEPAssist, Pipeline Impact Potential Tool: Pipeline Impact Potential Evaluation Tool - HUD Exchange, National Pipeline Mapping System: NPMS Public Viewer (dot.gov), OCC Well Data Finder: OCC WELL DATA FINDER | OCC GIS Data (arcgis.com)
HUD Resources: Site Contamination - Environmental Review - HUD Exchange
Endangered Species:
Does the development involve any activities that have the potential to affect species or habitats?
Documentation:
If Constructing or Rehabilitating a unit on a pre-developed lot: Include Exhibit 7 of the August 2022 US Department of the Interior letter. Department of the Interior Letter
If Developing Raw land: Gather a list of Endangered species and critical habitats from the following source: IPaC - IPaC: Getting Started - Draw on Map (fws.gov). If an endangered species or critical habitat is identified, provide a list and follow the next steps on the HUD Exchange page linked below.
HUD Resources: Endangered Species - Environmental Review - HUD Exchange
Explosive and Flammable Hazards:
Are there any aboveground stationary storage tanks within the acceptable separation distance near the development? Is the development near any underground pipelines?
Documentation: Use the National Pipeline Mapping System: NPMS Public Viewer (dot.gov) to locate any unground pipelines. Locate above ground storage containers within a 1-mile radius of the project site. Use the Acceptable Separation Distance Assessment Tool (Acceptable Separation Distance (ASD) Electronic Assessment Tool - HUD Exchange) to verify all tanks are an appropriate distance from the development. Provide the identifying map and the calculation on all tanks. Identifying maps should how both the development location and the tank location.
HUD Resources: Explosive and Flammable Facilities - Environmental Review - HUD Exchange
Farmland Protection:
Determine if the development includes activities that would convert land use from one to another.
Documentation: Complete HUDS Farmland Protection worksheet. Farmland-Protection-Worksheet.docx (live.com)
HUD Resources: Farmlands Protection - Environmental Review - HUD Exchange
Floodplain Management:
Is the development located in a flood plain?
Documentation: A FEMA Flood Insurance Rate Map (FIRM) showing that the development is not located in a Special Flood Hazard Area. Please see the FEMA Flood Map Service: FEMA Flood Map Service Center | Welcome!
HUD Resources: Floodplain Management - Environmental Review - HUD Exchange
Historic Preservation:
Does the development affect a historic property or have an adverse effect on a historic property?
Documentation: Provide the delivery confirmations associated with the 106 letters sent at the beginning of the environmental review process (will be provided by OHFA staff). Include any responses provided by the SHPO or any of the contacted tribes (will be provided by OHFA staff.)
HUD Resources: Historic Preservation - Environmental Review - HUD Exchange
Noise Abatement and Control:
Is the development located near a busy road or train line that could cause higher than acceptable noise levels?
Documentation: Provide a map showing that there are no major roadways within 1,000 feet, railroads within 3,000 feet, or military / FAA regulated airports within 15 miles of the development site (as the crow flies).
If a major road, rail line, or airport is located within the corresponding distances listed above, provide a map showing the location of the road/rail line/ airport in relation to the property. Complete the Noise Level calculation using the calculator linked below to determine if noise abatement is required. Noise abatement is required on new construction project where the sound level regular exceeds 65 decibels.
HUD Resources: Noise Abatement and Control Guide & Noise Level Calculator
Sole Source Aquifers:
Is the development located on a sole source aquifer?
Documentation: Use the Sole Source Aquifer Mapping tool (Sole Source Aquifers (arcgis.com)) to determine if the property is located on an aquifer. If yes, please follow the steps identified on the HUD site below.
HUD Resources: Sole Source Aquifers - Environmental Review - HUD Exchange
Wetlands Protection:
Does the development effect a designated wetland?
Documentation: If a development is categorically excluded (24 CFR Part 58 CENST) the project is exempt under the Final Rule Establishing a Federal Flood Risk Management Standard passed April 2024. Please reference this exemption.
If the development is not categorically excluded, complete the Wetlands Protection Worksheet (Wetlands-Protection-Worksheet.docx (live.com)). A Wetlands Mapper can be found at Wetlands Mapper | U.S. Fish & Wildlife Service (fws.gov).
HUD Resources: Wetlands Protection - Environmental Review - HUD Exchange
Wild and Scenic Rivers:
Is the development in proximity to a designated Wild, Scenic, or Recreational River?
Documentation: Provide a map showing that the development site is not near a Wild, Scenic, or Recreational River. Use the mapping tool at Nationwide Rivers Inventory (nps.gov) .
HUD Resources: Wild and Scenic Rivers - Environmental Review - HUD Exchange
Environmental Justice:
Does the development create adverse environmental or human health impacts?
Documentation: Use the EPA Environmental Screening tool (EJScreen (epa.gov) and the Environmental Justice Worksheet (Environmental-Justice-Worksheet.docx (live.com) to address this item.
HUD Resources: Environmental Justice - Environmental Review - HUD Exchange
Once you have completed the Environmental Review form, and the 30-day response period associated with the 106 notices has ended, send your development's Environmental Review form with supporting documents to staff to review.
Staff will review the form and reach back out if they have any questions.
The Department Director will sign the Environmental Review Form, and an executed copy will be returned to you.
Once the Enviromental Review has been cleared, staff will circulate the written agreement for review and signature.
Please note, if your development is not categorically excluded or exempt, or you have identified an environmental factor which your project negatively impacts, you may be subject to a public comment period and HUD review before a written agreement can be executed. Please reach out to staff for more details.