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Tier II Environmental Review Cover Sheet
1. Name of Tier I Environmental Review Previously Completed in GEARS: Champlain Housing Loan Fund ENV-2017-St. Albans City-00001
2. Date of Environmental Tier I Environmental Release: 10/06/2017
3. Tier I Project Activities (include as many activities as were listed in the Tier I project description in GEARS): Champlain Housing Loan Fund works with capital from several sources to provide funding and support services to eligible low- and moderate-income homeowners in Chittenden, Franklin, and Grand Isle Counties to make necessary health, safety, and accessibility repairs to their primary residence. The program will provide loans and grants for owner-occupied dwellings (up to four units) for essential home repairs, home access modifications, and energy efficiency improvements. Eligible projects will be minor rehab and may include but are not limited to: roof repair/replacement, furnace/boiler replacement, foundation repairs, drainage/grading, mold/moisture mitigation, septic and well replacement, access ramps and accessible bathroom modifications, and air sealing and insulation. The program will promote long-term, successful home ownership by eliminating health and safety hazards. Additionally, the affordable financing will enable owners to remain safely in their homes, aging in place if they choose to do so. Performing essential repairs and maintenance will help preserve the quality of the area's existing housing stock, as a means of helping to address the housing shortage in the program's coverage area. Additionally, landlords who rent out single family homes and/or duplexes will be eligible for a loan for home repairs, provided that their tenants meet the income requirements and the monthly rent meets HUD’s requirements. CHLF expects to complete home repairs for approximately 50 households over the two-year grant cycle, with an average per unit cost of approximately $11,000. The program also offers education and counseling support pre- and post-purchase: providing financial literacy education, Home Buyer Education workshops, and delinquency and foreclosure prevention services. These services improve the financial stability and well-being of the area's low- and moderate-income population.
4. List the mitigations measures (if any) that were addressed in the Intent to Request Release of Funds public notice that was published as part of the Tier I Environmental Review. Site specific locations will be reviewed for potential impact to endangered species, wetlands, floodplain management, historic preservation and toxic sites (including lead, asbestos and mold); mitigation with respect to these factors will be implemented at site specific locations if compliance with the corresponding regulation is required.
5. Tier II Site Specific Project Location (include street number, street name, and town): 28 Bonanza Park, Colchester, VT
6. Tier II Site Specific Project Description: replace old deck on back of home, potential ground disturbance around pillars and for new landing pad for stairs
7. Do these site-specific project activities fall within categorically excluded or exempt levels? (See Determining the Level of Environmental Review) If not, please contact Quin Mann, Environmental Officer at [email protected] or (802) 828-1357 to determine if this project needs an Environmental Assessment Review. NO.
8. Age of structure at site-specific project location: built 1975
9. Provide the following information to determine if the project scope qualifies as minor improvements (as defined in 24 CFR 55.2 (b)(8)) to an existing 1 to 4-unit family property/building (if applicable).
Cost of Repairs/Project Work: $10,000 Value of the Structure (excluding land): $222,500 Is the Cost of repairs <50% the value of the structure? YES NO
(Highlight One)
10. Date of Tier II Completion: 7/23/2021 11. Name and Title of Preparer: Melissa Abbott, Loan Program Assistant 12. Signature of Preparer: Melissa Abbott
Please Note: Items 1-4 should be the same for all Tier II reviews completed under the original Tier I ER (referenced above). Items 5-12 will be specific for each site specific Tier II project.
Page 1
Environmental Categorically Excluded and Compliance Findings STATUTES and REGULATIONS listed at 24 CFR 58.6 – Categorically Excluded Activities
Page 2
Checklist for Categorically Excluded Projects subject to §58.5 DIRECTIONS - Once the review process for each compliance factor has been completed, the Statutory Checklist must then be filled out. Specifically, the response must indicate whether the activity does or does not affect the resources under consideration. For Guidance on the Statutes, Executive Orders, and Regulations please see the Environmental Review Requirements page on HUD’s website. Indicate Status “A” on the worksheet if the project does not require formal consultation with an outside agency and does not affect the resource in question. Document the determination made and the sources of information used—Environmental Review Sources Guide. If the activity triggers formal compliance consultation with the oversight agency or affects the resource, indicate Status as “B”. Any compliance documentation should be uploaded on the Supporting Documents Form in the GEARS. Compliance Factors:
Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
Historic Preservation [36 CFR Part 800]
A Champlain Housing Trust shall comply with the process set forth in the Programmatic Agreement (PA) between the State Historic Preservation Officer (SHPO) for the State of Vermont, the Vermont Agency of Commerce and Community Development (ACCD), and the Advisory Council on Historic Preservation for the administration of the Vermont Community Development Program (VCDP). A VCDP Section 106 Preliminary Review Form will be completed for every site-specific project location. If Champlain Housing Trust determines the project property and/or activities are exempt, the VCDP Section 106 Preliminary Review Form will not be submitted to the Division for Historic Preservation (the Division), but instead submitted to the Environmental Officer to receive concurrence. As stated in the PA, a property that satisfies all the of the following criteria is exempt.
a. Project does not involve ground disturbance b. Project is not located (or adjacent to) a Historic District or Designated
Downtown; c. Project does not involve any buildings listed in the National Register of
Historic Places; and d. Project consist of rehabilitation of buildings or structures less than 50 years
old.
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Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
The full, detailed list of Exempt Activities can be found in Appendix A of the PA. It is noted that if the Environmental Officer does not concur with the determination of exempt properties and/or activities, the VCDP Section 106 Preliminary Review Form will be forwarded to the Division for further review. At the Tier II level, if the project property and/or activities are not determined to be exempt, the completed VCDP Section 106 Preliminary Review Form will be submitted Division. If the Division’s review concludes that further investigation is required, then a VCDP approved historic consultant will be hired, the list of approved consultants can be found here: http://accd.vermont.gov/strong_communities/preservation/resources/consultants_vcdp If the project location requires further review the appropriate reports/documentation, with the Division’s concurrence, will be included as part of the Environmental Review Record (ERR).
TIER II A Project is over 50 years old, in an historic district, and/or involves ground disturbance, but SHPO has determined NO HISTORIC PROPERTIES IMPACTED
Floodplain Management [Executive Order 11988; 24 CFR Part 55]
A At the Tier II level, a Federal Emergency Management Agency (FEMA) floodplain map (FIRMette) will be created using FEMA Online Map Service (https://msc.fema.gov/portal0), to determine if the project is in the floodplain. For each project location, the relevant FIRMette with panel number, effective date, and project location clearly delineated and labeled, will be included as part of the ERR. Champlain Housing Trust will not fund projects activities at sites located in floodways. Minor improvements, defined in 24 CFR 55.2 (b)(8) as the cost of repairs is less than 50% of the value of the structure (excluding the land), for 1 to 4-unit family properties within the floodplain receiving HUD assistance are exempt from the 8-
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Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
step decision making process. At the Tier II level, if the site specific location falls within the 100-year floodplain (or 500-year floodplain for critical action) and does not meet the above criteria, Champlain Housing Loan Fund will work with the Environmental Officer to complete the 8 (or 5)-step decision making process and achieve compliance.
TIER II A Property is not located in a 100 year flood plain Zone: X FEMA MAP #: 50007C0136D Map Date: 7/18/2011
Wetland Protection [Executive Order 11990; 3 CFR, §§ 2, 5]
A If project activities only involve rehab work that will not disturb the ground, impact to existing wetlands is not likely. At the Tier II level, if the project activities at the site specific location do not involve ground disturbance, additional review and/or documentation will not be required. For projects involving ground disturbance (new construction, expansion of a buildings footprint, draining, dredging, channelizing, filling, diking, impounding and related activities), Champlain Housing Trust will review the site and adjacent properties using the National Wetland Inventory maps prepared by the United States Fish & Wildlife Services (http://www.fws.gov/wetlands/data/mapper.HTML). Additionally, Champlain Housing Trust will perform a site visit and make field observations for evidence of wetlands on and/or adjacent to the site. All wetlands maps will have the project location clearly delineated and labeled and will be included as part of the ERR. If either the project site or the adjacent properties show any evidence of having wetlands a consultant shall be engaged to conduct the appropriate level of review and help initiate the required permitting. In addition, the Champlain Housing Trust will work with the Environmental Officer to complete the 8-step decision making process and achieve compliance.
TIER II A Project involves ground disturbance. Site observation determined there is no evidence of wetlands on or adjacent to the site. NWI map indicates no wetlands on or adjacent to the site.
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Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
Coastal Zone Management Act [16 U.S.C. 1451, §§ 307(c), (d)] NA—Vermont does not lie within a coastal zone.
Water Quality - Source Aquifers [40 CFR Part 149]
NA – Vermont has no designated sole source aquifers according to the Environmental Protection Agency
Endangered Species Act [50 CFR Part 402]
A At the Tier II level, an Official Species List (https://ecos.fws.gov/ipac/) will be requested for each project location and will be included as part of the ERR. If the potential for any federally listed threatened or endangered species is identified at a project location, the project activities will be evaluated with respect to the potential to harm the identified species/habitat and the appropriate expert from Vermont Fish and Wildlife will be contacted for consultation if necessary.
TIER II A The Northern Long-Eared Bat is cited as a potential threatened species. Project does not involve tree removal or removal of structures, therefore there is not potential impact to the species or habitat.
Wild and Scenic Rivers Act [16 U.S.C. 1271, §§ 7(b), (c)]
A Compliance with the Wild and Scenic Rivers Act is triggered with acquisition, new construction, change in land use, major rehab, demolition and reconstruction/redevelopment. Due to the nature of the Home Repair Program it can be determined that all project activities will qualify under the exemptions listed above, no additional review and/or documentation will be required at the Tier II level.
Air Quality [Clean Air Act, Section 176 (c)(d), 40 CFR Parts 6, 51, 93]
NA – All of Vermont is currently designated as an Attainment Area for all National Ambient Air Quality Standard per the Environmental Protection Agency (EPA).
Farmland Protection [7 CFR Part 658]
A Project locations and activities that are not subject to provisions under the Farmland Protection Act include: properties within an urbanized, previously disturbed, or occupied property, and restoration, maintenance, renovation and replacement of existing structures. Due to the nature of the Home Repair Program, it can be
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Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
determined that all project activities will qualify under the exemptions listed above, no additional review and/or documentation will be required at the Tier II level.
Explosive and Flammable Hazards [24 CFR Part 51, Subpart C]
A This regulation focuses on the presence of conventional fuels or chemicals of an explosive or flammable nature (most commonly propane tanks) that have the potential to impact people or buildings associated with the project. Compliance with 24 CFR Part 51, Subpart C is triggered with new construction, and projects that result in the increase of occupant density or congregation of people. Compliance is not required for projects that involve rehab work to existing structures that do not increase the occupant density. Due to the nature of the Home Repair Program, it can be determined that all project activities will qualify as exempt to this regulation, no additional review and/or documentation will be required at the Tier II level.
Noise [24 CFR Part 51, Subpart B]
A Compliance with 24 CFR Part 51, subpart B is triggered with new construction, major rehabilitation work and acquisition of developed or undeveloped land. Due to the nature of the Home Repair Program, it can be determined that all project activities (minor improvements) will qualify as exempt to this regulation, no additional review and/or documentation will be required at the Tier II level.
Toxic Sites [24CFR Part 58, Section 5(i)(2)]
A All HUD assisted projects funded by this grant shall 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. HUD regulation 24 CFR 58.5 (i)(2) specifies the avoidance of activities supporting new development or rehabilitation for occupancy when toxic chemicals or radioactive materials would affect a project. 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 (other than residential tanks for single-family use). Projects that involve 1 to 4-unit family property do not require a Phase I ESA.
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Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
Preliminary investigation was done as part of the Tier I Environmental Review. See Supporting Documentation for list of Superfund Sites in VT (last updated June 23, 2017), two Superfunds Sites are located in Chittenden County. No Superfund sites are located in Grand Isle or Franklin Counties. The Home Repair Program serves single-family households, Phase I ESA’s will not be required at the Tier II level, but proper due diligence is still required. At the Tier II level CHT will provide appropriate documentation to address (i), (ii), and (iii), a NEPAssist Report, and perform a site visit. See Tier II Due Diligence for guidance on preparing required documentation: http://accd.vermont.gov/sites/accdnew/files/documents/CD-VCDP-ER-TierIIDueDiligence.pdf Based on the information gathered at the Tier II level, CHT will provide a description of any potential concerns observed on project site-specific location. All relevant documentation will be kept in the ERR.
TIER II A A physical review of the site and adjacent properties found no signs of potential hazards that may have adverse effects on the subject property. Step 1:
I. The EPA list of Superfund Sites in VT, is included in the Tier I Environmental Record and was referenced for this Tier II Environmental Review. The subject property is not listed.
II. This site specific location is not within 3,000 feet of any known landfills or solid waste facilities. See Landfill Map included as a Supporting Document.
III. No underground storage tanks are known to be present at the subject property.
Step 2: A NEPAssist Report was created (included as a Supporting Document) and no Brownfields or Superfunds Sites were identified within 0.5 miles of the project location. Step 3: Site visit confirms that property is not in the immediate vicinity of potentially hazardous land users. No distressed vegetation, bodies of water, stained soil or pavement were identified during on site evaluation of the subject property.
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Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
Lead [24 CFR Part 35, Subpart B]
A Lead based paint (LBP) may be present in buildings constructed prior to 1978. HUD’s thresholds that determine if lead testing and abatement is required is dependent on dollar value of the project. Champlain Housing Trust will adhere to the following Lead Safe Housing Rule (LSHR) thresholds:
• De minimis Threshold (as defined in 24 CR §35.1350(d)): Work which disturbs less than 20 square feet on exterior surfaces; 2 square feet in any one interior room or space; 10 percent of total surface area of interior or exterior component type with a small area (sills, baseboards, etc.)
o Work on surfaces where the amount of paint disturbed is below the de minimis threshold do not need to follow lead safe work practices, although HUD recommends that caution be used to minimize the dispersal of lead in dust, paint chips, or debris.
• Rehab Work Below $5K per unit: o Only consider the surfaces that are being disturbed
Test for LBP OR Assume surfaces contain LBP
o Use Lead Safe Work Practices in accordance with 24 CFR §35.1350 o Clearance of Worksite is performed at the end of the job, unless very
minor rehab work, to ensure that no lead dust hazards remain. • Rehab Work $5k to $25k per unit:
o Interim Controls LBP Risk Assessment OR Assume all potential lead hazards are present
o Use Standard Treatments to address hazards • Rehab Work Above $25K per unit
o Perform LBP Risk Assessment o Abate all identified Hazards
Requires certified abatement contractors TIER II A House was built before 1978 and project cost will be more than $5,000 but less than
$25,000. Project will not disturb a painted surface.
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Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
Asbestos [40 CFR Part 61, Subpart M]
A Asbestos may be present in buildings built prior to 1978. Removal of friable asbestos is required before demolition, renovation, or rehab. HUD does not consider minor improvements as falling under one of these categories. Asbestos abatement is not limited to multifamily, commercial, non-residential, it does apply to 1 to 4-unit family properties. Due to the nature of the Home Repair Loan Program, it can be determined that all project activities will qualify as exempt (minor improvements) to this regulation, no additional review and/or documentation will be required at the Tier II level, unless proposed project activities include asbestos abatement. When complete asbestos abatement of the home is part of the site-specific project activities, a qualified asbestos inspector must perform a comprehensive building asbestos survey based on a thorough inspection to identify the location and condition of asbestos throughout any structures performed pursuant to the “baseline survey” requirements of ASTM E 2356-10 “Standard Practice for Comprehensive Building Asbestos Surveys.” If suspect asbestos is found, it should either be assumed to be asbestos or should require confirmatory testing. If the asbestos survey indicates the presence of asbestos or the presence of asbestos is assumed, the appropriate mix of asbestos abatement and an asbestos Operation & Maintenance Plan will be required.
TIER II A Asbestos inspection is not required, this is a single family, owner occupied, minor rehabilitation project.
Mold [24 CFR Part 5, Subpart G, §5.703
A HUD requires that all dwelling units and common areas have proper ventilation and be free of mold. If any mold is discovered (in dwelling units or common areas), abatement will be required. At the Tier II level a visual inspection will be completed at all project locations, this inspection can be done by anyone. If mold is identified at a site specific location, it will be remediated as part of project activities.
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Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
TIER II A Mold was not observed on the site.
Environmental Justice [Executive Order 12898]
A Project activities will benefit low-moderate income home-owners to repair or improve their residence and will not adversely affect other low-income persons or minorities. At the Tier II level, additional review and/or documentation will not be required.
Radon A Required radon testing and mitigation is triggered with new construction and major rehab (this does not include minor improvements). OPTIONAL: For projects that do not require radon testing or mitigation, Champlain Housing Loan Fund will still inform clients about the EPA’s Radon brochure and advise them that the Vermont Department of Health offers free radon kits to Vermont homeowners by visiting their website or contacting them at 1-800-439-8550. Due to the nature of the Home Repair Program, it can be determined that all project activities (minor improvements) will qualify as exempt to this regulation, no additional review and/or documentation will be required at the Tier II level, unless proposed project activities include radon mitigation. When radon mitigation is part of the site-specific project activities, documentation to support implementation of radon mitigation methodologies and radon testing completed by a radon professional to support successful radon mitigation will be included as part of the ERR.
Flood Insurance [Executive Order 12898]
A If a projects falls within the 100-year floodplain there are four exceptions for flood insurance:
1. Formula grants made to states 2. Self-insured state-owned property within states approved by the Federal
Insurance Administrator consistent with 44 CFR 75.11 3. Small loans ($5,000 or less) 4. Assisted leasing that is not used for repairs, improvements, or acquisition
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Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
Project grant qualifies under exemption #1. If a project falls within the 100-year floodplain and the municipality in which the project site is located participates in the National Flood Insurance Program, Champlain Housing Trust understands that the homeowner should be encouraged to obtain and maintain flood insurance. At the Tier II level, a copy of the FIRMette for the project location and proof of flood insurance (if obtained) will be included as part of the ERR.
Coastal Barrier [16 U.S.C. 3501 et seq.] NA—Vermont does not lie within a coastal zone.
Airport Clear Zones [24 CFR Part 51, Subpart D]
There are two Part 139 Certified Airports in Vermont, Burlington International/Air National Guard Base and Rutland Regional; these airports are in Chittenden and Rutland County, respectively. Compliance with 24 CFR Part 51, Subpart D is triggered with acquisition of developed or undeveloped land, new construction, substantial rehab, activities that would increase the occupant density or the congregation of people on site, or activities that would introduce explosives, flammable or toxic materials to the area. Project does cover Chittenden County, but due to the nature of the Home Repair Program, it can be determined that all project activities will qualify under the exemptions listed above, no additional review and/or documentation will be required at the Tier II level.
Radon
A Required radon testing and mitigation is triggered with new construction and major rehab (this does not include minor improvements). OPTIONAL: For projects that do not require radon testing or mitigation, Champlain Housing Trust will still inform clients about the EPA’s Radon brochure at site visit and provide them with the Vermont Department of Health’s free radon kit to Vermont at pre-qualification.
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Statutes, Executive Orders, and
Regulations listed at 24 CFR §58.5
Status A/B
Analysis of Source Documentation
Environmental Review Sources Guide
Due to the nature of the Home Repair Loan Program, it can be determined that all project activities will qualify as exempt (minor improvements) to this regulation, no additional review and/or documentation will required at the Tier II level, unless proposed project activities include radon mitigation. When radon mitigation is part of site-specific project activities, documentation to support implementation of radon mitigation methodologies and radon testing completed by a radon professional to support successful radon mitigation be included as part of the ERR.
Based on the information provided above, please certify the level of determination for your project and upload this completed form to the Certification form.
DETERMINATION:
This project converts to Exempt, per § 58.34(a)(12), because it does not require any mitigation for compliance with any listed statutes or authorities, nor requires any formal permit or license (Status "A" has been determined in the status column for all authorities). Funds may be drawn down for this (now) EXEMPT project. No Notice to the Public of Intent to Request the Release of Environmental Conditions is Required.; OR
This project cannot convert to Exempt because one or more statutes/authorities require consultation or mitigation. Complete consultation/mitigation requirements, publish NOI/RROF and obtain Authority to Use Grant Funds (HUD 7015.16) per §§ 58.70 and 58.71 before drawing down funds; OR
The unusual circumstances of this project may result in a significant environmental impact. This project requires preparation of an Environmental Assessment (EA). Prepare the EA according to 24 CFR Part 58 Subpart E. PREPARER SIGNATURE: Rebecca Faour DATE: November 18, 2019
July 21, 2021
United States Department of the InteriorFISH AND WILDLIFE SERVICE
New England Ecological Services Field Office70 Commercial Street, Suite 300
Concord, NH 03301-5094Phone: (603) 223-2541 Fax: (603) 223-0104
http://www.fws.gov/newengland
In Reply Refer To: Consultation Code: 05E1NE00-2021-SLI-4199 Event Code: 05E1NE00-2021-E-12739 Project Name: 28 Bonanza Park, Colchester Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.
07/21/2021 Event Code: 05E1NE00-2021-E-12739 2
▪
A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.
Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.
Attachment(s):
Official Species List
07/21/2021 Event Code: 05E1NE00-2021-E-12739 1
Official Species ListThis list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".
This species list is provided by:
New England Ecological Services Field Office70 Commercial Street, Suite 300Concord, NH 03301-5094(603) 223-2541
07/21/2021 Event Code: 05E1NE00-2021-E-12739 2
Project SummaryConsultation Code: 05E1NE00-2021-SLI-4199Event Code: 05E1NE00-2021-E-12739Project Name: 28 Bonanza Park, ColchesterProject Type: Federal Grant / Loan RelatedProject Description: Replace old deck on back of home. Potential ground disturbance around
pillars and for new landing pad for stairs.Project Location:
Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@44.533471,-73.24947577961558,14z
Counties: Chittenden County, Vermont
07/21/2021 Event Code: 05E1NE00-2021-E-12739 3
1.
Endangered Species Act SpeciesThere is a total of 1 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.
MammalsNAME STATUS
Northern Long-eared Bat Myotis septentrionalisNo critical habitat has been designated for this species.Species profile: https://ecos.fws.gov/ecp/species/9045
Threatened
Critical habitatsTHERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.
1
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOODHAZARD AREAS
Without Base Flood Elevation (BFE)Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mileZone X
Future Conditions 1% AnnualChance Flood HazardZone X
Area with Reduced Flood Risk due toLevee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREENArea of Minimal Flood HazardZone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance17.5 Water Surface Elevation
Coastal Transect
Coastal Transect BaselineProfile BaselineHydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of StudyJurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use ofdigital flood maps if it is not void as described below.The basemap shown complies with FEMA's basemapaccuracy standards
The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 7/21/2021 at 11:56 AM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time.
This map image is void if the one or more of the following mapelements do not appear: basemap imagery, flood zone labels,legend, scale bar, map creation date, community identifiers,FIRM panel number, and FIRM effective date. Map images forunmapped and unmodernized areas cannot be used forregulatory purposes.
Legend
OTHER AREAS OFFLOOD HAZARD
OTHER AREAS
GENERALSTRUCTURES
OTHERFEATURES
MAP PANELS
8
B20.2
The pin displayed on the map is an approximatepoint selected by the user and does not representan authoritative property location.
1:6,000
73°15'18"W 44°32'11"N
73°14'40"W 44°31'45"N
Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020
34,338
1,744.4
28 Bonanza Park, ColchesterVermont Agency of Natural Resources
26,011
© Vermont Agency of Natural Resources
1,321.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Meters1,321.00
NOTES
Map created using ANR's Natural Resources Atlas
LEGEND
660.00
vermont.gov
DISCLAIMER: This map is for general reference only. Data layers that appear onthis map may or may not be accurate, current, or otherwise reliable. ANR and
the State of Vermont make no representations of any kind, including but notlimited to, the warranties of merchantability, or fitness for a particular use, nor
are any such warranties to be implied with respect to the data on this map.
July 21, 2021
THIS MAP IS NOT TO BE USED FOR NAVIGATION
1" = 2168 1cm = 260Ft. Meters
Landfills
OPERATING
CLOSED
Parcels (standardized)
Roads
Interstate
US Highway; 1
State Highway
Town Highway (Class 1)
Town Highway (Class 2,3)
Town Highway (Class 4)
State Forest Trail
National Forest Trail
Legal Trail
Private Road/Driveway
Proposed Roads
Stream/River
Stream
Intermittent Stream
Town Boundary
NEPAssist Report28 Bonanza Park
Project Location 44.53348,-73.249458Within 0.5 miles of an Ozone 8-hr (1997 standard) Non-Attainment/Maintenance Area? noWithin 0.5 miles of an Ozone 8-hr (2008 standard) Non-Attainment/Maintenance Area? noWithin 0.5 miles of a Lead (2008 standard) Non-Attainment/Maintenance Area? noWithin 0.5 miles of a SO2 1-hr (2010 standard) Non-Attainment/Maintenance Area? noWithin 0.5 miles of a PM2.5 24hr (2006 standard) Non-Attainment/Maintenance Area? noWithin 0.5 miles of a PM2.5 Annual (1997 standard) Non-Attainment/Maintenance Area? noWithin 0.5 miles of a PM2.5 Annual (2012 standard) Non-Attainment/Maintenance Area? noWithin 0.5 miles of a PM10 (1987 standard) Non-Attainment/Maintenance Area? noWithin 0.5 miles of a Federal Land? noWithin 0.5 miles of an impaired stream? yesWithin 0.5 miles of an impaired waterbody? noWithin 0.5 miles of a waterbody? yesWithin 0.5 miles of a stream? yesWithin 0.5 miles of an NWI wetland? Available OnlineWithin 0.5 miles of a Brownfields site? yesWithin 0.5 miles of a Superfund site? noWithin 0.5 miles of a Toxic Release Inventory (TRI) site? noWithin 0.5 miles of a water discharger (NPDES)? noWithin 0.5 miles of a hazardous waste (RCRA) facility? yesWithin 0.5 miles of an air emission facility? no
Within 0.5 miles of a school? noWithin 0.5 miles of an airport? noWithin 0.5 miles of a hospital? noWithin 0.5 miles of a designated sole source aquifer? noWithin 0.5 miles of a historic property on the National Register of Historic Places? noWithin 0.5 miles of a Toxic Substances Control Act (TSCA) site? noWithin 0.5 miles of a Land Cession Boundary? noWithin 0.5 miles of a tribal area (lower 48 states)? noWithin 0.5 miles of the service area of a mitigation or conservation bank? noWithin 0.5 miles of the service area of an In-Lieu-Fee Program? yes
Created on: 7/21/2021 12:07:11 PM
28 Bonanza Park
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
WetlandsEstuarine and Marine DeepwaterEstuarine and Marine Wetland
Freshwater Emergent WetlandFreshwater Forested/Shrub WetlandFreshwater Pond
LakeOtherRiverine
July 21, 2021
0 0.06 0.120.03 mi
0 0.1 0.20.05 km
1:3,609
This page was produced by the NWI mapperNational Wetlands Inventory (NWI)
This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site.
