S~P~ E GF ~ w r~ ~ x ~, OoGnty of het COUNTY JUDGE PAT TDQLEY COMMISSIONERS COURT H.A. KBUSTER» BALDWIN, PCT. I WILLIAM H. WILLIAMS~ PCT. 2 JONATHAN LETZ, PCT. 3 BRUCE OEHLER~ PCT. 4 7/18/2008 THE COUNTY COURT OF KERB COUNTY, TEXAS 700 Main, Kemille, Texas 78028 Tel: (830) 792-2211 Farr: (830) 792-2218 E-mail: commissioners@co.ken.tx.us Mr. Charles Stone, Executive Director Texas Community Development Block Grants Program Office of Rural Community Affairs PO Box 12877 Austin, Texas 78711 RE: Kerr County TX CDBG Contract No. 728065 Dear Mr. Stone: D7 l g~ ~ CLERx JANNETT PIEPER COURT COORDINATOR JODY GRINSTEAD This letter is to advise the Office of Rural Community Affairs that Kerr County has completed an Environmental Assessment of its Community Development Program Project. It has determined that the release of funds for the proposed activities is not an action that would significantly affect the quality of the environment and no Environmental Impact Statement is required. The conclusion is the result of observations by the project engineers, the grant consultant, Texas Commission on Environmental Quality, Texas Historical Commission, USDA, US Fish & Wildlife Services, Natural Resources Conservation Service, the EPA and the staff of Kerr County. The consensus opinion is that implementation of this First-time Sewer System project will correct health and safety problems that have long existed in the local community. This project will not negatively affect existing land use or other environmental concerns. Kerr County's Request for Release of Funds and Certification Form, the published newspaper page containing the Combined Notice of the Finding of No Significant Impact and the Request for Release of Funds, and a Publisher's Affidavit certifying the date of publication have also been enclosed. In addition, Kerr County has complied with the regulations concerning the coordination and compliance with this project with all other Federal and State laws and authorities as specified by 24 CFR 58.75 and has documented this compliance in its Environmental Review File. Sincerely, a In e , Coun y Judge Attachments cc: GrantWorks, Inc. 2201 Northland Dr., Austin, TX 78756 Graff ks Planning, Housing, and Community Development Services for Rural Texas Since 1979 Regan Lenehan 2201 Northland Dr. Austin, Texas 78756 regan@grantworks.net CD Manager Voice (512) 420-0303 Fax (512) 420-0302 TRANSMITTAL LETTER TO: Jeannie Hargis, County Auditor DATE: 6/24/08 Kerr County PROJECT: First-time Sewer System RE: Environmental Review Record First-time Sewer S stem CONTRACT: TX CDBG 728065 Dear Jeannie: We have completed the Environmental Assessment for the County's new TX CDBG project and have determined a "Finding of No Significant Impact." In regard to this environmental review, please find the following documents attached: 1. Environmental Review Record (ERR): This ERR includes all environmental checklists and documentation required for this project. Please review and request that the County Judge sign where indicated. 2. Request for Release of Funds: This form states that the ERR is complete and that Kerr County requests that ORCA release funds for the project after the public comment period. Please review and request that the County Judge sign the form and return it to GrantWorks, Inc. The appropriate date for the request has been pre-printed on the form; please maintain this date. 3. Cover Letter to Charles Stone: This letter states that Kerr County has completed the Environmental Assessment and determined a "Finding of No Significant Impact." The cover letter must be typed or reprinted (disc is included) on your /ocality's letterhead, signed by the County Judge as indicated, and returned to GrantWorks Inc. with the additional environmental documents. 4. Combined Notice of Intent to Request Release of Funds: The enclosed public notice has already been forwarded to the local newspaper and will be published on 713/2008. A copy of this notice has been provided for your information and fles. Once the ERR, Request for Release of Funds and cover letter are signed, they should be returned to GrantWorks as soon as possible. I have included a copy of the entire environmental packet marked "COPY" for your records. I will submit all of the signed Environmental Documentation to ORCA for their review on the appropriate date. I can be reached at (512) 420-0303 if you have any questions regarding this transmittal. Thank you for your assistance. Sincerely, Regan Lenehan ENVIRONMENTAL REVIEW RECORD ENVIRONMENTAL ASSESSMENT Kerr County Texas Community Developmen# Block Grant Program Colonic Construction Fund Contract No. 728065 TABLE OF CONTENTS Compliance Documentation Checklist (24 CFR 58.6) Statutory Checklist (24 CFR § 58.5 Statutes, Executive Orders & Regulations III. Environmental Assessment Checklist • Finding of No Significant Impact IV. Statutory Checklist V. List of Sources, Agencies, and Persons Contacted VI. Source Documentation I. COMPLIANCE DOCUMENTATION CHECKLIST (24 CFR 58.6) CONTRACTOR: Kerr County PROJECT NAME: 728065 PROJECT: install 3,000 linear feet of 8" Sewer lines, 12 manholes and ring encasements, 41 connections to property lines, 34 yard lines and the mitigation of 34 septic tanks PROJECT LOCATION: Kerville South Colonia along Ranchero Rd from SH 16 to Ripplewood, on South Trace from Lydick to Rancho Oaks, on Rancho Oaks from Ranchero Rd to South Trace, on Lydick from Ranchero Rd to South Trace, and on Quail Valley from South end of cul-de-sac 300 ft North. We considered the environmental impact of both construction and service provision within the described construction zone, the service area, and adjacent areas up to'/z mile from the construction zone that could be affected by the project. Please see attached map. Level of Environmental Review Determination: (4) Environmental Assessment Select One: (1) Exempt per 24 CFR 58.34, or (2) Categorically Excluded not subject to statutes per § 58.35(b), or (3) Categorically Excluded subject to statutes per § 58.35(a), or (4) Environmental Assessment per § 58.36, or (5) ElS per 40 §CFR 1500. STATUTES and REGULATIONS listed at 24 CFR 58.6 FLOOD DISASTER PROTECTION ACT 1. Does the project involve acquisition, construction or rehabilitation of structures located in aFEMA-identified Special Flood Hazard? D No; Source Document: Federal Emeraency Manaaement Agency Flood Insurance Rate Maps http://msc.fema.aov/webapp/wcs/stores/servlet/CateaoryDisplay~cataloald-10001 &storeld-10001 &catego-vld -120018~1angld--18~userType-G~type=1 ^ Yes 2. Is the community participating in the National Insurance Program (or has less than one year passed since FEMA notification of Special Flood Hazards)? D Yes (Flood Insurance under the National Flood Insurance Program must be obtained band maintained for the economic life of the project, in the amount of the total project cost. A copy of the flood insurance policy declaration must be kept on file.) (Appendix I) ^ No (Federal assistance may not be used in the Special Flood Hazards Area.) ^ Not Applicable COASTAL BARRIERS RESOURCES ACT 1. Is the project located in a coastal barrier resources area? D No; Cite Source Document: Texas General Land Office Coastal Zone Management and Coastal Zone Barrier Resource Svstem, http://www.alo.state tx us/coastal/cmp html -- maps attached ^ Yes; Federal Assistance may not be used in such an area. AIRPORT RUNWAY CLEAR ZONES AND CLEAR ZONES DISCLOSURES 1. Does the project involve the sale or acquisition of existing property within a Civil Airport's Runway Clear Zone or a Military Installation's Clear Zone? Q No; Cite Source Document: Federal Aviation Administration State and Territory Maps of NPIAS Airports http://www.faa.aov/airports airtraffic/airports/planning capacity/npias/reports/states/state-Texas Project complies with 24 CFR 51.303(a)(3). ^ Yes; Disclosure statement must be provided to buyer and a copy of the signed disclosure must be maintained in this Environmental Review Record (Appendix II) ' •f?repared by (name and title, please print): ig~lature ~~ . ;~a~ Finley, County Judge Julie Murray, Environmental Specialist ~-3~-©~' Date II. STATUTORY CHECKLIST 24 CFR § 58.5 STATUTES, EXECUTIVE ORDERS ~ REGULATIONS Project Name: Kerr County Contract #: 728065 Project Description: install 3,000 linear feet of 8" Sewer lines, 12 manholes and ring encasements, 41 connections to property lines, 34 yard lines and the mitigation of 34 septic tanks Location: Kerville South Colonic along Ranchero Rd from SH 16 to Ripplewood, on South Trace from Lydick to Rancho Oaks, on Rancho Oaks from Ranchero Rd to South Trace, on Lydick from Ranchero Rd to South Trace, and on Quail Valley from South end of cul-de-sac 300 ft North. We considered the environmental impact of both construction and service provision within the described construction zone, the service area, and adjacent areas up to Y: mile from the construction zone that could be affected by the project. Please see attached map. This project is determined not to be categorically excluded therefore this assessment is required_ m ° Compliance Factors: Statutes, Executive ~ ~' w' Orders, and ,Q = '~ T c ~ Comaliance Documentation Regulations listed at 24 ~ ° ~ ~ ~ ~ Appendix III CFR § 58.5 .Q .~ d ~ o ~ a o ~ Q H ~ •. C ~, ± E .~ ~ 'O C ~,,, C O O N z Ua O d O Uo V A list of Texas Historic Places has been consulted and is attached. The Historic Preservation Texas Historical Commission was contacted and requested to determine if [36 CRF Part 800] X there are any historic impacts expected. Due to review, the agency is expected to determine "No effect on historical properties." Please see letter attached. Floodplain Management No portion of the project construction zone is in a 100-year floodplain; [24 CRF 55, Executive X therefore, Executive Order 11988 and NFIP conditions are not applicable.2 Order 11988] See FEMA Floodplain Map attached. Emergency Wetlands Resources Act of 1986 authorized the purchase of wetlands from Land and Water Conservation Fund monies, established a National Wetlands Priority Conservation Plan, and required States to include Wetland Protection wetlands in their Comprehensive Outdoor Recreation Plans. According to the [Executive Order 11990] X 2002 Texas Parks and Wildlife Wetlands Conservation Plan, Kerr County is no in one of the four identified wetland areas of Texas. There is no US Fish & Wildlife wetland map° available for this area. tt was determined by local consultation and "windshield survey' that there is not a wetland in the ro'ect area. See wetland information attached. The Coastal Barrier Resources Act (CBRA) protects coastal habitats along the Coastal Zone Atlantic and the Gulf coasts by identifying sensitive areas and placing Management Act X restrictions on the use of federal funds to develop those areas. [Sections 307 (c),(d)j s Since the project is not located within the Texas Coastal Zone, there would not be any coastal barriers within the project area. See coastal management zone ma . Sole Source Aquifers The only Sole Source Aquifer in the State of Texas is the Edwards Aquifer. Safe Drinking Water Act No portion of the project is located within a designated Sole Source Aquifer. 7 [42 USC 201, 300 (f) & X See documentation attached. 21 USC 319 [40 CFR 149} The Safe Drinking Water Act (SDWA) of 1974 was passed to protect health by regulating the nation's public drinking water supply. "Texas Historic Sites Atlas," Texas Historical Commission, http://atlas.thc.state.tx.us/shell-desiQ.htm (accessed 6/23/08). 2 "FEMA Issued Flood Maps," Federal Emergency Management Agency, htto://msc.fema.gov/webapp/wcs/stores/servfet/FemaWelcomeView (accessed 6/23/08). ~ "Wetlands: Essential Habitats," Texas Center for Policy Studies and Environmental Defense, http://www.texasep.org/html/wld/wld 5wet html (accessed 6/23/08). "National Wetlands Inventory," United States Fish & Wildlife Service, http://wetlandsfws.er.usgs.aov/NWI/index.html (accessed 6/23/08). e "Texas Coastal Management Program Map," Texas General Land Office, http://www.olo.state.tx.us/coastal/cmpdoc/jpeos/quidance- czb-sm.' (accessed 6/23/08). The Edwards AquiferAuthoriry, 2006, http://www.edwardsaauifer.org/ (accessed 6/23/08). "Source Water Protection: Designated Sole Source Aquifers in Region VI," Environmental Protection Agency, http://www.epa.gov/safewater/swp/ssa/reg6.html (accessed 6/23/08). Fish and Wildlife Endangered Species Act X [50 CFR 402] In accordance with The Endangered Species Act, a review has been made of listing of endangered and/or nongame threatened speciese to help us determine the potential of certain animals and plants being found within the project area. The list of species/habitats is attached. The project is not anticipated to have a significant impact on the species in the area. A letter via sent to US Fish & Wildlife to request a determination, and is attached. No effect is ex ected to be determined. Wild and Scenic Rivers A review of the project has been made in accordance with The Wild and Scenic Rivers Act of 1968 (16 U.S.C 1271 et se Act X [Sections 7 (b) and (c)] . . Wild & Scenic River (WSR) in Texas is the Rio Grande R ver~n Big Bend ly National Park. No portion of the project is adjacent to a Wild 8 Scenic Riv 9 er. Please see additional information and ma attached. The project has been reviewed in accordance with The Clean Air Act . The project area is located within an area of the state that is within attainment" of the guidelines of the Federal Clean Air Act." Clean Air Act Please see the documentation attached along with a map of the non- [Sections 176 (c) and (d); X attainment areas. The project will not have a major impact on the overall air 40 CFR 6, 51, 93] quality of the area. During project construction there will be some increase in ambient dust particulate from machinery and soil disturbances. These will be only temporary in nature and all efforts will be made through proper construction methods to ensure dust control and properly functioning Gnu ~inmon4 The Farmland Protection Policy Act (FPPA) of 1981 mandates that all federal projects identify potential adverse effects to farmland. Farmland Protection While new sewer line construction is occurring, the project would not be Policy Act X considered destructive of the land. The lines will be buried and farming [7 CFR 658] activities could still occur above. Additionally, the lines are typically located on public rights of war that are already removed from farmland. Please see the z FPPA information from the Natural Resources Conservation Service and the letter sent to USDA, NRCS attached. Environmental Justice X The project will not have adverse impacts disproportionately to low-income or [Executive Order 12898] minority populations. The project was funded based on the fact that conditions would be im roved for low-to-moderate income households. Water Quality X This project will comply with water quality standards State/Local Statutes The project will comply with all state and local statutes. HUD ENVIRONMENTAL STANDARDS The project does not involve housing or a noise sensitive development; Noise Abatement and C therefore a noise study is not applicable. However, minimal noise will be created during construction. The construction period should b b i f ontrol X [24 CFR 51 B] e r e (approximately 120 days) and will take place during normal business hours on weekdays. Local residents have been notified of the nature d l i an ocat on of the project during a formal hearing process during the application phase of this ' ro ect. An com taints will be taken into consideration. Explosive and This project does not involve new residential construction, conversion of Flammable Operations X nonresidential properties to residential use, rehabilitation which increases unit [24 CFR 51 C] density, or restoration of abandoned residential properties; therefore explosive , and flammable o erations should not affect the ro~ect. e "Endangered Species Lists," United States Fish & Wild/ife Service, ham://www fvvs qov/ifw2es/EndangeredSpecies/lists/default cfm accessed 6/23/08). to`Rio Grande WSR," Nations! Wild and Scenic Rivers System, http://www_nps qov/rivers/wildriverslist html (accessed 6/23/08). Texas Attainment Status by Region," Texas Commission on Environmental Quality, http://www.tceg.state.tx us/implementation/air/sip/siptexas html (accessed 6/23/08). Federal Clean Air Compliance in Texas," Texas Center for Policy Studies and Environmental Defense, http://www.texasep org/html/air (accessed 6/23/08). "Farmland Protection Policy Act," United States Department ofAgricu/ture, National Resources Conservation Service, http://www.nres.usda gov/programs/fppa/ {accessed 6123/08). Since the sewer project does not involve multi-family housing or non-residential property with occupants, Section 24 CFR Part 58.5 (i) (2) is not applicable. However, the following sources were consulted in connection with the project Toxic Chemicals and area: (1) the Superfund National Priorities List (NPL);73 (2) a list of Superfund Sites in Texas;" (3) an EPA map of the toxic releases and hazardous waste Radioactive Materials (24 CFR Part 58 5 (i)J sites15; and (4) a TCEQ list of the solid waste facilities.16 It has been . determined that no superfund or permanent toxic waste sites are within 3 000 , feet of the project area or should have an adverse affect this type of project. In addition, the project area is not located on an underground storage tank. The project engineer will also address this issue in his preliminary study of the ~ ro ect site. Airport Clear Zones and The project is not located within 2,500 feet of the end of a civil airport runway Accident Potential Zones X (24 CFR 51 DJ or 8,000 feet of the end of a military airfield runway17e; therefore, this statute is not applicable. Solid Waste Disposal X Any construction debris generated will be disposed in an approved landfill in accordance with Texas Commission on Environmental Qualit re uirements. Preparer Signature: Date: June 23, 2008 Preparer Name: Julie Mu y ~;-,~,~~ ~ . Res)~iansible Entitv Aaencv f ~ S~ ' Signature: Date: CO 'j- ~'7 - af~~, Title: oun Jud e ~': " "National Priority Sites (NPL)," Environmental Protection Agency (EPA), http'//www epa gov/superfund/sites/npl/tx htm (accessed 6/23/08). '4 "Superfund Sites in Texas," Texas Commission on Environmental Quality (TCEQ), it~ttp://www.tcea.state.tx us/remediation/superfund/sites/county/index html (accessed 6/23/08). Enwrofacts Mapper," Environmental Protection Agency (EPA), http://www.epa.gov/enviro/index html (accessed 6/23/08). 16 "Municipal Solid Waste Facilities," Texas Commission on Environmental Quality (TCEQ), http://www.tceo.state.tx us/permitting/waste permits/msw permits/msw query html (accessed 6/23/08). Airport Master Records and Reports, Airport 5010 IQ" Aeronautical Information Services, http://www.gcr1.com/5010web/default cfm (accessed 6/23/08). "Sty ate and Territory Maps of NPIAS Airports," Federal Aviation Administration, http://www.faa.gov/airports airtraffiUairports/planning capacity/npias/reports/states/state-Texas (accessed 6/23/08). III. ENVIRONMENTAL ASSESSMENT CHECKLIST Kerr County, First-time Sewer System TX CDBG N0.728065 Impact Anticipated Requires Note Conditions and/or source documentation that su orts pp IMPACT CATEGORIES Mitigation or findin g None Minor Major Modification Reference Notes LAND DEVELOPMENT Conformance with Comprehensive Plans & X The proposal is consistent with the components of local Zonin plans and zoning. Compatibility & Urban X The project is compatible with the existing components in Im act the ro ect area. Slope X The project area is relatively flat and there shall be ettectivel no chap a to or effect on erosion. Erosion X Minor erosion during construction should be controlled by the contractor. There are no negative impacts to the soils due to the limited nature of the project area. The soils within this area are of Soil Suitability X the BRACKETT-PURVES-REAL associations19. The project i eng neer should consider the soil association during the design phase of the project. Activities will take place in locations with previously disturbed soils from past construction of roadwa s, utilities, and other infrastructure Work should be performed during the weekday during normal business hours using heavy equipment such as a backhoe, heavy bulldozer and possibly a boring machine in the area described above. Although some work may take Hazards & Nuisances, place along a public roadway, the streets being affected including site safety X typically have low traffic flow and flagmen should direct traffic when necessary. Particulate dust matter may be increased in the area during construction, but should return to normal after the work is completed. Proper site safeguards should be in place, including trench safety, accordin to contract There should be only minor demands for additional energy Energy Consumption X resources due to construction work or the installation of new facilities. These demands may be offset by increase efficienc . NOISE The project will result in temporary construction noise that is Effects of ambient noise on expected to be similar in volume to that of the ambient traffic noise. Construction work and related noise will be limited to project and contribution to X daytime hours (7 a.m. to 7 p.m). The project will install publi community noise levels sewer lines; when completed the project activities will not be affected by ambient noise nor generate additional noise in the communit . AIR QUALITY 19 "Soil Survey Geographic Database for Kerr County, Texas," United States Department ofAgriculture, National Resources Conservation Service, http~//www ncgc nres usda pov/products/datasets/ssurgo/description html (accessed 6/23/08). The project has been reviewed in accordance with The Clean Air Act The project area is located within an area of the state that is within attainment`0 of the guidelines of the Federal Clean Air Effects of ambient air quality on project and Act.21 Please see the documentation attached along with a map of contribution on community X the non-attainment areas. The project will not have a major pollution levels impact on the overall air quality of the area. During project construction there will be some increase in ambient dust particulate from machinery and soil disturbances. These will be only temporary in nature and all efforts will be made through proper construction methods to ensure dust control and ro erl functionin a ui ment. ENVIRONMENTAL DESIGN AND HISTORIC VALUES A windshield survey revealed that the project site is located Visual Quality -coherence, in an existing urbanized area where underground utilities are diversity, compatible use X normally found. The implementation of the project shall only and scale have an aesthetics problem during construction. The project shall have no impact on the aesthetics of the communit . In accordance with the required statutes and provisions, a listing of state and federal register properties has been reviewed22 and the Texas Historical Commission has been Historic, Cultural, and X contacted. According to the Texas Historical Commission, Archaeological Resources "information about archeological sites is not available to the general public to protect the sites from vandalism and destruction."23 See Statutory Checklist for additional information and documentation. SOCIO-ECONOMIC The purpose of this project is to improve the conditions o Demographic Character X those most in need in this community. There should be n Changes major changes in these conditions since the work should occur in an existin residential area which is full develo ed. Displacement: Since the project does not entail housing Displacement X activities, there should be no residential displacement as a result of this project. In addition, there should be no dis lacement of businesses. Employment & Income Patterns: Since this project involves providing adequate sewer services to underserved, existing developments, employment opportunities should not be Employment & Income X enhanced unless the project spurs further commercial or Patterns manufacturing businesses to locate to the area. This proje qualified for federal funds due to low-to-moderate income citizens living in the project area. The project should not affect the existin income atterns24. COMMUNITY FACILITIES AND SERVICES Educational Facilities X Not Applicable Commercial Facilities X The nature of the project should have no little or no impact on this factor. Health Care X Not Applicable Social Services X Not Applicable 20 "Texas Attainment Status by Region," Texas Commission on Environmental Quality, ~:1/www.tceg.state.tx.us/implementation/air/sip/siptexas.html (accessed 6/23/08). Federal Clean Air Compliance in Texas," Texas Center for Policy Studies and Environmental Defense, http://www.texasep.org/html/air (accessed 6/23/08). "Texas Historic Sites Atlas," Texas Historical Commission; http://atlas.thc.state.tx. us/shell-desig.htm (accessed 6/23/08). za "Cultural Resource Management: Complying with Laws to Protect Historic Properties," Texas Historical Commission, http://www.thc.state.tx.us/crm/crmdefault.html (accessed 6/23/08). "American Fact Finder," U.S. Census Bureau, http://factfinder census.gov (accessed 6/23/08). The project is not expected to generate substantial amounts Solid Waste X of solid waste. The local disposal system should be able to adequately service the proposed development over its ex ected lifetime. Although demands on the local sewer plant should increase Wastewater X due to new connections, the plant has the capacity to handle the increase. Storm water X Not Applicable Because we are adding new connections to the sewer Water Supply X system and eliminating individual septic tanks, water supply may be positively impacted by the removal of substandard tanks. Police X Not Applicable Public Safety Fire X The nature of the project shall have little or no impact on this Protection factor. Emergency Medical X Not Applicable Open S ace X Not Applicable O n S ace pe p and Recreation X Not Applicable Recreation Cultural Facilities X Not Applicable Transportation X See the project narrative for expected traffic problems and mill ation. NATURAL FEATURES Water Features X Due to the nature of the project, runoff should not affect local overnment round water resources. The project should not create potential drainage problems or problems. The project should not significantly add to the Surface Water X impervious surtace in its impact area; therefore, there is not expected to be an increase on drainage facilities. For additional information on Surface Water, see the Texas Environmental Profile for Kerr Count _ze Floodplains See Statutory Checklist comments for Floodplains Wetlands See Statutory Checklist comments for Wetlands Coastal Zone See Statutory Checklist comments for Coastal Zone The project should not affect dunes, waterfalls, rock- outcroppings, special stands-of-trees or planting areas, or Unique Natural Features & X natural landmarks. In addition, since the project area is Agricultural Lands located in the right-of--way and in awell-developed area, the prime farmland should not be affected as included in the Farmland Protection Act26. 2s "Kerr County, County Profile," Texas Center for Policy Studies and Environmental Defense, http://www.texaseo.orq/html/cnty/county main.html (accessed 6/23/08). "Farmland Protection Policy Act," United States Department of Agriculture, National Resources Conservation Service, htto://www.nres.usda.pov/programs/fppa/ (accessed 6/23/08). The soil found at the project site is covered with a variety of trees and grasses common to the area. Vegetation should only be affected during construction, and efforts shall be made to restore the local flora to its original state. The proposed project should have no known impact on the area's vegetation. In accordance with The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) as amended, a review Vegetation & Wildlife X has been of a listing of endangered and/or nongame threatened species that was provided by the Texas Parks and Wildlife Department to help us determine the potential of certain animals and plants being found within the project areaz'. A windshield survey indicated no known threatened or endangered animal or plants on the project site, which is located in an already developed area. There are no known long-term disturbances of any habitat which might support endan ered animal or lant s ecies. Summa of Findin sand Conclusions A finding of "no significant impact" can be made as the project will not affect the quality of the physical and human environment. The positive impact of the project is that the beneficiaries within the target area will have an improved quality of life through access to treated, regulated public drinking water. There are no known environmentally sensitive areas, prime agricultural lands, historical properties, or other restrictive conditions which would be impacted by the project. This environmental assessment has taken into consideration the proposed target area and an area within one-half mile of the target area. The area where construction activities will occur is primarily moderately developed single family residential. No permanent creeks exist in the construction zone. Kerrville is the Kerr County seat. According to the 2000 census, the population of Kerr County was 47,254, and the unemployment level was 2.8 percent.28 Kerr County has a tourism industry.29 Kerr County has a moderate climate. The county ranges in attitude from 1,450 to 2,400 feet. The average annual rainfall is 32.6 inches per year. The January mean minimum temperature is 32 degrees and the July mean maximum temperature is 92 degrees. 30 Trends in the surrounding area include small scale residential and commercial infill development along established roadways as the area absorbs relatively small numbers of new retirees and other new residents attracted to the area for its scenic beauty and its proximity to San Antonio and other nearby communities. Alternatives: Determine and describe possible alternatives to the proposed project, including the 'no action' alternative. The feasibility of each alternative and the reasons why each should be adopted or rejected should be discussed sufficiently to indicate that an adequate consideration of each alternative has occurred. The "size reduction" alternative provides for the reduction of improvements in the project area. The selection of the project activities was based on identified deficiencies of the local public sewer system. Reducing the scope of the proposed activities is not satisfactory since it would not satisfy the needs of the local community. Specifically, reduction in the scope would leave some households in the target area without access to public sewer service and reliant on their undersized, failing septic systems. The "revised location" alternative provides for the location of the project to a different area. The area was selected on the basis that the available sewer facilities are inadequate and also must meet the TX CDBG beneficiary criteria. There is no other routing of sewer lines that would serve these households as well as the recommended route-along public rights-of--way in previously disturbed soils and as close as possible to existing sewer facilities and the housing units requiring connection to the public sewer system. Alternative sewer line routes would be overland, requiring easement acquisition, disturbing of native soils, and removal of existing flora. Therefore, this alternative is not satisfactory since another location would not satisfy the purpose of the project. The "No Activity" alternative is a determination that no action is necessary to satisfy the stated purpose of the proposed project. In the target area, the lack of adequate sewer facilities poses a serious community deficiency. Therefore, the no activity alternative is unsatisfactory since it would allow continuation of an undesirable and unwanted condition that would not satisfy the purpose of the Summary of Future Trends Employment base expanded at a 1.1 % or 200 jobs in 2006 in health care, food service/accommodations and retail. Kerr County has above average retail trade for its size. Kerr County has a higher tourism impact than the 6 surrounding counties, however, it falls below Llano and Kendall Counties for residential building permits. Per capita income is 3.1 % above state average, but falls below the state average for wages. County growth rate is 8% since 2000 Kerrville/Kerr County is the home of the official training site for z~ "Endangered Species Lists," United States Fish & Wildlife Service, http://www fws qovlifw2es/EndangeredSpeciesllists/default cfm accessed 6/23/08). e "American Fact Finder," U.S. Census Bureau, http://factfinder.census.gov (accessed 6/23/08). zs "Kerr County" In Texas Almanac: 2008-2009, ed. Elizabeth Cruce Alvarez (College Station, TX: Texas A&M University Press, 2008), 324. so "Kerr County" In Texas Almanac: 2008-2009, ed. Elizabeth Cruce Alvarez (College Station, TX: Texas A&M University Press, 2008), 324. the Olympic USA Shooting Team with an annual impact of $5 million. There are 3 new high-end residential developments under construction in the county. Tx Dot is completing approximately $30 millions in highway improvements. The City of Kerrville has approved a $2.5 million infrastructure improvement project using 46 to accommodate the James Avery Craftsman and NW commercial development. Several business expansions are planned, but not finalized for publication. Additional Studies Performed (Attach Study or Summary) The improvements will improve the sewer capacity of local infrastructure. The preliminary engineering design considers the ability of the existing infrastructure to accommodate any additional demand created by this project. Mitigation Measures Needed Mitigation measures are not required for this project. The negative impacts, stated above, are virtually non-existent while the positive impacts are much more considerable. The short-term problems of construction (e.g., related noise, air pollution. and erosion) will be addressed through proper construction techniques overseen by a professional engineer and mitigating measures wi-I be employed if necessary. Environmental Assessment Checklist Finding of No Significant Impact 1. Is project in compliance with applicable taws and regulations? D Yes ^ No 2. Is an EIS required? ^ Yes D No 3. A Finding of No Significant Impact (FONSI) can be made. The project will not significantly affect the quality of the human environment. ~ Yes ^ No Prepared By: Julie Murray Title: Environmental Specialist Date: June 23, 2008 • Reviewed By: Pat Tinley ~itl~:• Coun Ju s atu re: Re uest for Release of Funds u.s. Department of Housing OMB No. 2506-0087 q and Urban Development (exp. 11/30/2004) and Certification Office of Community Planning and Development This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity) 1. Program Title(s) Community Development Block Grant 4. OMB Catalog Numt CFDA No. 14.218 6. For information about this request, contact (name, number) Regan Lenehan, (512) 420-0303 3. Recipient Identification Number (optional) N/A ~ 5. Name and address of responsible entity Kerr County 700 Main Kerrville, TX 78028 8. HUD or State Agency and office unit to receive request Office of Rural Community Affairs PO Box 12877 Austin, TX 78711 7. Name and address of recipient (if different than responsible N/A The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following 9. Program Activity(ies)/Project Name(s) . 10. Location (Street address, city, county, State) Kerr County First-time Sewer System Project Kerville South Colonic along Ranchero Rd from SH 16 to Ripplewood, on South Trace from Lydick to Rancho Oaks, on Rancho Oaks from Ranchero Rd to South Trace, on Lydick from Ranchero Rd to South Trace, and on Quail Valley from South end cul-de-sac 300 ft N, Kerrville, Kerr County, Texas. We considered the environmental impact of both construction and service provision within the described construction zone, the service area, and adjacent areas up to'/: mile from the construction zone that could be affected by the oroiect. 11. Program Activity/Project Description (including grant amount) Kerr County proposes to install 3,000 linear feet of 8" Sewer lines, 12 manholes and ring encasements, and 41 connections to property lines, 34 yard lines, and the mitigation of 34 septic tanks with the grant they received from the Office of Community Affairs in the amount of $500,000.00. The environmental newspaper notice published on 7/3/2008. The local comment period began on 7/4/2008 and ended 7/18/2008. Therefore the state comment period begins 7/21/2008 and ends 8/5/2008. Part 2. Environmental Certification (to be completed by responsible entity) With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: 1. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above. ~ 2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws. 3. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part 1 of this request, I have found that the proposal did ^ did not ®require the preparation and dissemination of an environmental impact statement. 4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure. 5. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58. 6. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. As the duly designated certifying official of the responsible entity, I also certify that: 7. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity. 8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity! Signature of Certifying Officer of the Responsible Entity Name & Title of Certifying Officer Pat Tinley, County Judge Date signed k ~_ t L~ ~ 7/21/2008 ~~~' rq dr~s~ of C fficer Yet r~'fAt~ 700 Main ~,y~; s ~~Fi Kerrville, TX 78028 ~~" Part 3. To be completed when the Recipient is not the Responsible Entify The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient X Title of Authorized Officer Date signed Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)