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Release of CDBG Funds Request for 278 West 17th Street Copyrighted April 15, 2019 City of Dubuque Action Items # 3. ITEM TITLE: Release of Funds Requestfor278 West 17th Street SUM MARY: City Manager recommending authorization for the Mayor to execute a Request for Release of Funds and Certification for Community Development Block Grant (CDBG)for the 278 West 17th Street Rehabilitation Project and adoption of a resolution to submit to the U.S. Department of Housing and Urban Development(HUD). RESOLUTION Authorizing requestfor Release of Funds and Certification for Community Development Block Grant (CDBG) Funds for the 278 West 17th Street Project SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type 278 West 17th Street Request for Release of Funds City Manager Memo and Certification-MVM Memo Request for Release of Funds Staff Memo Resolution Resolutions Release of Funds Request and Certification Supporting Documentation Environmental ReviewSummary Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request for Release of Funds and Certification — 278 West 17�h Street Project DATE: April 9, 2019 Housing and Community Development Director Alexis Steger recommends City Council authorization for the Mayor to execute a Request for Release of Funds and Certification for Community Development Block Grant (CDBG) for the 278 West 17�h Street Rehabilitation Project and adopt a Resolution to submit to the U.S. Department of Housing and Urban Development (HUD). The project involves rehabilitation of 30 one- bedroom apartments. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director THE CTTY OF Dubuque �" ui���eNe�ary DUB E ,�I��jl► Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Request for Release of Funds and Certification — 278 West 17�h Street Project DATE: April 4, 2019 Introduction This memorandum transmits a proposed resolution authorizing execution of the Request for Release of Funds and Certification for Community Development Block Grant (CDBG) for the 278 West 17�h Street Rehabilitation Project. Backqround The project involves rehabilitation of 30 one-bedroom apartments. This Project will be a combination of the CDBG Rental Rehabilitation Program and the Bee Branch Healthy Homes (BBHH) Program. The City of Dubuque published a Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds (FONSI/RROF) on March 25, 2019. This required notice allows 15 days for citizen and public agency comments on the environmental assessment of these programs. Public comment will be accepted until 5:00 pm on April 9, 2019 and will be taken into account before proceeding with the request for release of funds. The City may then file a Request for Release of Funds and Certification (RROF) with the U.S. Department of Housing and Urban Development (HUD). Recommendation I respecffully recommend that the City Council authorize the Mayor to execute a Request for Release of Funds and Certification fifteen (15) days after publication of the FONSI/RROF for the 278 West 17�h Street project, and adopt the attached resolution to submit to the U.S. Department of Housing and Urban Development (HUD). KLN/Attach. RESOLUTION NO. 146-19 A RESOLUTION AUTHORIZING REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 278 WEST 17TH STREET PROJECT. Whereas, the City of Dubuque has been awarded Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (HUD); and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development (HUD), an environmental review has been processed for Community Development Block Grant funds; and Whereas, a Notice of Intent to Request Release of Funds for said grant has been published on March 25, 2019 to commence the required fifteen (15) day comment period; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification, and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. Department of Housing and Urban Development (HUD) at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification on or about April 15, 2019 and submit to the U.S. Department of Housing and Urban Development (HUD). Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review process, decision-making and action. Passed, approved and adopted this 15th day of April 2019. Attest: Kevin Firnstahl, City Clerk Roy D. Buol, Mayor Re uest for Release of Funds U.S. Department of Housing OMB No. 2506-0087 q and Urban Development (exp.o3/31rzo2o) 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) 2. HUD/State Identification Number 3. Recipient Identifcation Number Community Development Block Grant (CDBG) B-�s,�s,��,18-MC-19-0004 c°P��°°a'� 42-6004596 4.OMB Catalog Number(s) 5. Name and address of responsible entity City of Dubuque 6. For information about this request,contad(name&phone number) 50 W 13th St Alexis Steger, (563) 690-6072 Dubuque, IA 52001-4864 8. HUD or State Agency and offce unit to receive request 7. Name and address of recipient(if different than responsible entity) HUD Omaha Area Office, Edward Zorinsky Federal Building, Suite 329, 1616 Capitol Avenue Omaha, NE 68102-4908 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) 278 W 17�h Street — Rehabilitation Project City of Dubuque, Dubuque County, Dubuque lowa 11. Program Activity/Project Description Rental Unit Rehabilitation: 30-plex rental rehabilitation at 278 W 17'"Street for rental to low/mod income residents. Previous editions are obsolete form HUD-7015.15(1/99) 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. The responsible entity has assumed responsibility for and complied with and will continue to comply with Section 106 of the National Historic Preservation Act, and its implementing regulations 36 CFR 800, including consultation with the State Historic Preservation Officer, Indian tribes and Native Hawaiian organizations, and the public, 4. 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 Fl did not ✓ require the preparation and dissemination of an environmental impact statement. 5. 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. 6. 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. 7. 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: 8. 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. 9. 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 x Title of Certifying Officer Roy D. Buol, Mayor Date signed 4/15/19 Address of Cert. ng Officer City of Dubuque, 50 W 13th Street, Dubuque, IA 52001 Part 3. To be completed when the Recipient is not the Responsible Entity 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 NA Date signed NA 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) Previous editions are obsolete form HUD -7015.15 (1/99) U.S.Depatlment of Housing and Urban � Development - 451 Seventh Street.SW :f�������� �i" WasM1ingron,DC 20410 .�..- ,I n�s„;i Environmental Review for Activity/Project that is Categorically Excluded Subject to Section 58.5 Pursuant to 24 CFR 58.35�a) Proiect Information Project Name: 278-W-17TH-ST HEROS Number: 900000010059502 Responsible Entity (RE�: DUBUQUE, CITY HALL DUBUQUE IA, 52001 State/ Localldentifier: RRl RE vreparer: Roger Benz / Kris Neyen Certifying Office Roy D Buol r: Grant Recipient (if different than Responsible Ent ity): Point of Contact: Consultant(if applicabl e�: Point of Contact: Project Location: 278 W 17th St, Dubuque, IA 52001 Additional Location Information: Multi-residential unit, approximately 18,900 square feei on the south side of West 17th Street. The structure faces mrth on llth Street, and to the south is a parking lot. The property is located in the lackson Park Historic District and is listed as a contributing structure. A map of the Area of Potential Effect (APE) and the subject property is attached. 278-W-17TH-ST Dubuque, lA 900000010059802 Direct Comments to: Description of the Proposed Project [24 CFR 50.12 & SS.32; 40 CFR 1508.25]: Rehabilitation of 30-unit multi-family residential rental housing located within the Jackson Park Historic District. The building was constructed in 1881 and is a contributing structure In an identified historic district. Rehabilitation activities indude improvements to[he interior, exterior, and immediate surrounding of the structure that will not significantly alter the structure. Improvements to units will indude, but is not limited to, making repairs to paint,flooring, window screens, bathroom fixtures, kitchen fixtures, heating and moling units, roof and foundation repairs. All work performed will meet the rehabilitation requirements of the City of Dubuque Housing &Communiry Development Department Funding sources for[he project indude owner contribution, State Historic Tax Credits,Community Development Block Grant (CDBG) entitlement, and Community Development Block Grant National Disaster Resiliency(CDBG-NDR) grant funds. CDeG for this project is administered through the lowa Economic Development Authority (CDBG-NDR) and the City of Dubuque (CD6G entiUement�. Maps, photographs,and o[her documentation of p�oject location and description: APE Paees fi�om SHPO Submittal - 27S W. 17th Street.adf Location Infonnation.JPG Level of Environmental Review Determination: Categorically Ezcluded per 24 CFR 58.35�a�, and subject to laws and authorities at 58.5: 5835(a)�3�(ii) Determination: This categorically exduded activity/project ronverts to EXEMPT per Section 5834(a)(12), because it does not require any mitigation for mmplian<e with any listed statutes or authorities, nor requires any formal permit or license; Funds may be committed and drawn down after certification of this part for[his(now) EXEMPT project; OR ✓ Thisca[egoricallyexdudedactivity/projectcannotconverttoExemptstatusbecauseone or more statutes or authorities listed at Section 58.5 requires formal consultation or mitigation.Complete consultation/mitigaiion protoml requirements, publish NOI/RROF and ob[ain "Authority[o Use Grant Funds" (HUD 7015.16) per Section 58J0 and SSJl 6efore mmmitting or drawing down any funds; OR This project is not categorically exduded OR, if originally categorically exduded, is now subject to a full Environmental Assessment acmrding to Part 58 Subpart E due to extraordinary circumstances(Section 5835�c)). Approval Documents: 03/14/2019 13:12 Page 2 of 34 278-W-17TI-I-ST Dubuque, IA 900000010059802 7015.15 certified by Certifying Officer on: �01�.1� certified by�uthoriaing Officer on: Fundin� Information Grant/ Project HUD Program Program IVame Identification Number Community Planning and Community Development Block Grants(Disaster B13DS190001 Development (CPD) Recovery Assistance) Community Planning and Community Development Block Grants(CDBG) B17MC190004 Development(CPD) (Entitlement) Estimated Total FIUD Funded, $1,210,242.00 Assisted or Insured Amount: Estirnated Total Project Cost: $1,735,629.00 Compliance with 24 CFR§50.4, §58.5 and §58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4, or mitigation determinations) §58.5, and §58.6 required? STATU7'ES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§ 58.6 Airpor�Hazards ❑ Yes 0 No The project site is not within 15,000 feet Clear Zones and Accident Potential of a military airport or 2,500 feet of a Zones; 24 CFR Part 51 Subpart D civilian airport.The project is in compliance with Airport Hazards requirements. Coastal Barrier Resources Act ❑ Yes � No This project is located in a state that Coastal Barrier Resources Act, as does not contain CBRS units.Therefore, amended by the Coastal Barrier this project is in compliance with the ' Improvement Act of 1990 [16 USC Coastal Barrier Resources Act. 3501] 03/14/2019 13:12 Page 3 of 34 278-W-17TH-ST Dubuque, IA 900000010059802 Flood Insurance ❑ Yes 0 No The structure or insurable property is Flood Disaster Protection Act of not located in a FEMA-designated 1973 and National Flood Insurance Special Flood Hazard Area.While flood Reic�rm Aci oi 1994 [42 US�4001- i��surar�e� rnay n�i i�� rnarUai�ry iri ihis 4128 and 42 USC 5154a] instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with flood insurance requirements. STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.5 Air Quality ❑ Yes � No The project's county or air quality Clean Air Act, as amended, management district is in attainment particularly section 176(c) & (d);40 status for all criteria pollutants.The CFR Parts 6, 51, 93 project is in compliance with the Clean Air Act. Coastal Zone Management Act ❑ Yes 0 No This project is located in a state that Coastal Zone Management Act, does not participate in the Coastal Zone sections 307(c) & (d) Management Program.Therefore,this project is in compliance with the Coastal '; Zone Management Act. Contamination and Toxic 0 Yes ❑ No Site contamination was evaluated as Substances follows: None of the above. On-site or 24 CFR 50.3(i) &58.5(i)(2)] nearby toxic, hazardous, or radioactive substances were found that could affect the health and safety of project occupants or conflict with the intended ; use of the property.The adverse environmental impacts can be mitigated. With mitigation, identified in the mitigation section of this review,the project will be in compliance with contamination and toxic substances req uirements. Endangered Species Act ❑ Yes Q No This project will have No Effect on listed Endangered Species Act of 1973, species due to the nature of the particularly section 7; 50 CFR Part activities involved in the project.This 402 project is in compliance with the Endangered Species Act.This is a multi- family rehabilitation project of an existing structure. Rehabilitation activities will be conducted on the inside of an existing building. 03/14/2019 13:12 Page 4 of 34 278-W-17TH-ST Dubuque, IA 900000010059802 Explosive and Flammable Hazards ❑ Yes 0 No Based on the project description the , Above-Ground Tanl<s)[24 CFR Part project includes no activities that would 51 Subpart C require further evaluation under this ' seeiic�ri.The �rc�j�ei is in cc�rr�,liaric;� with explosive and flammable hazard requirements. Farmlands Protection ❑ Yes C�1 No This project does not include any Farmland Protection Policy Act of activities that could potentially convert 1981, particularly sections 1504(b) agricultural land to a non-agricultural : and 1541; 7 CFR Part 658 use.The project is in compliance with the Farmland Protection Policy Act. Floodplain Management ❑ Yes Q No This project does not occur in a Executive Order 11988, particularly floodplain.The project is in compliance section 2(a); 24 CFR Part 55 with Executive Order 11988. Project is in area of minimal flood hazard, Zone X, ' panel 19061CO243F eff.8J19/2013 Historic Preservation 0 Yes ❑ No Based on Section 106 consultation the National Historic Preservation Act of project will have No Adverse Effect on 1966, particularly sections 106 and historic properties. Conditions: None. 110; 36 CFR Part 800 Upon satisfactory implementation of the conditions, which should be I monitored, the project is in compliance with Section 106. Noise Abatement and Control ❑ Yes 0 No The project is modernization or minor Noise Control Act of 1972, as rehabilitation of an existing residential amended by the Quiet Communities property. A Preliminary Screening was Act of 1978; 24 CFR Part 51 Subpart performed, and found the following: B Project is 831 feet from major roadway and 2268 feet from the nearest railroad ' crossing. Noise calculator was used to evaluate combined DNL for road and rail sources. DNL is 59.1663 and is below the acceptable sound level of 65 dB.The project is in compliance with HUD's Noise regulation without mitigation. Rai) information was estimated at 3 engines per train, likely it is two, and estimate of ' 50 cars per train as this information was ; not readily available from railroad. Night � - fraction of ADT for C�ntral Avenue is an estimate based on traffic observations. Sole Source Aquifers ❑ Yes C�1 No Based on the project description,the Safe Drinking Water Act of 1974, as project consists of activities that are amended, particularly section unlikely to have an adverse impact on 1424(e); 40 CFR Part 149 groundwater resources.The project is in 03/14/2019 13:12 Page 5 of 34 278-W-17TH-ST Dubuque, IA 900000010059802 compliance with Sole Source Aquifer requirements. Wetiands Protection ❑ Yes Q No The project will not impact on-or off- Executive Crder 119�'0, particularly sit2 w2tlands.Th� project �s in sections 2 and 5 compliance with Executive Order 11990. Wild and Scenic Rivers Act ❑ Yes C�1 No This project is not within proximity of a Wild and Scenic Rivers Act of 1968, NWSRS river.The project is in particularly section 7(b) and (c) compliance with the Wild and Scenic Rivers Act. ' HUD HOUSING EI�VIRONMENTAL STANDARDS ENVIRONMENTAL JUSTICE Environmental Justice ❑ Yes C✓I No No adverse environmenta) impacts were Executive Order 12898 identified in the project's total environmental review.The project is in compliance with Executive Order 12898. Permit History: Building Use History: Mitigation Measures and Conditions (40 CFR 1505.2(c)]: ; Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non- conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be dearly identified in the mitigation plan. Law, Mitigation Measure or Condition Comments on Complete Authority, or Completed Factor Measures Rehabilitation activities assume lead based paint is present to identify and remediate lead based paint hazards on disturbed or deteriorated surfaces. File will contain documentation determining lead based paint hazards will not affect Contamination health and safety of occupants, and Toxic including during the mitigation process. N/A Substances Radon testing results need to be attached. Radon mitigation will be ' performed under supervision of a Radon Professional for residences with radon concentrations at or above 4 picocuries per liter of air. Residents shall be informed both prior '; 03/14/2019 13:12 Page 6 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 , � to and after mitigation activities. I�/liti��tior� �I�n No mitig�ting efforts h�ve been identifiecl 1s required For this project If project is not able to comply with the State and/or Federal tax credit program(s) or the applicant no longer pursues historic tax credits, or plans change signiFicantly, Section 106 compliance will be reopened and reviewed. 03/14/2019 13:12 Page 7 of 34 , D8-W-17TH-ST Dubuque, lA 900000010059802 APPENDIX A: Related Federal Laws and Authorities Airport Hazards General poli<y Legislation Regulation It is HUD's policy to apply standards to 24 CPR Part S15ubpart D '� prevent incompati6le development ' around civil airports and military airfields. ���, 1. To ensure compatible land use developmen[,you must de[ermine your site's proximity to civil and military airports. Is your proje<t within 15,000 feet of a military airport or 2,500 feet of a civilian airport? ✓ No Based on the response, the review is in compliance with this section. Document and upload the map showing that the site is not within the applicable distances to a military or civilian airport below Yes Screen Summary Compliance Determination The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in mmpliance with Airport Hazards requirements. Supporting documentation Airpmt.JPG Are formal compliance steps or mitigation required? Yes � No 03/14/2019 13:12 Page 8 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 Coastal Barrier Resources General requiremen[s Legislation Regulation HUDfinancialassistancemaynotbe CoastalBarrierResourcesAct used for most activities in units of the (CBRA)of 1982,as amended 6y Coastal Barrier Resources System �� the Coastal Barrier Improvement (CBRS).See 16 USC 3504 for limitations Act of 1990 (16 USC 3501) on federal expenditures affecting the � CBRS. 7his project is located in a state that does no[con[ain CBRA units.Therefore,this project is in compliance with the Coas[al Barrier Resources Act. Screen Summary Complian<e Determination This project is located in a state that does not contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 03/14/2019 13:12 Page 9 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 Flood Insurance 6eneral requirements Legislation ftegulation Certain types of federal financial assistance may not be � Flood Disaster 24 CFR 50.4�b��1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6�a) in National Flood Insuranre Program and flood � as amended (42 USC and (b�; 24 CFR insurance is both obtained and maintained. 4001-4128) �. 551(b). i 1. Does[his projec[involve financial assistance for construction, rehabilitation. or acquisition of a mobile home, buildinR or insurable personal propertY? No. This project does not require flood insurance or is excepted from flood insurance. ✓ Yes 2. Upload a FEMA/FIRM map showing the site here: FIRMETTE Q4340e1-7eeS-lle8-bc7e-OO1b21631e35.pdf The Federal Emergency Management Agency (FEMA) designates floodplains.The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs�. For projects in areas not mapped by FEMA, use the best available information to determine floodplain inFormation. Indude documentation, induding a discussion of why this is the best available information for the site. Provide FEMA/FIRM floodplaim m�e designation, panel number, and date within your doamentation. Is the structure, part of the structure,or insurable property loca[ed in a FEMA- designated Special Flood Hazard Area? ✓ No Based on the response,the review is in compliance with this section. Yes Screen Summary Compliance Determination The strucwre or inwrable property is not located in a FEMA-designated Special Flood Hazard Area. While flood insurance may not be mandatory in this instance, HUD 03/14/2019 13:12 Page 30 of 34 278-W-17TH-ST Dubuque, IA 900000010059802 recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with flood insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 03/14/2019 13:12 Page 11 of 34 278-W-17TH-ST Du6uque, lA 900000010059802 Air CZuality General requiremen[s Legislation Regulation ' The Clean Air Act is administered Clean Air Act(42 USC 7401 et 40 CFR Parts 6, 51 ��, by the U.S. Environmental seq.) as amended particularly and 93 Protection Agency(EPA), which Section ll6(c) and (d) (42 USC sets national standards on 7506�c)and (d)) � ambient pollu[ants. In addition, theCleanAirActisadministered � �� by States, which must develop ' �� State Implementation Plans (SIPs) � toregulatetheirstateairquality. � Projects funded by HUD must demonstrate Ihat they conform to the appropriate SIP. 1. Does your project include new construction or conversion of land use facilitating the development of public,commercial,or industrial facilities OR five or more dwelling units? ✓ Yes No Air Quality Attainment Status of ProjecYs County or Air Quality Management District 2. Is your projecYs air quality management district or county in non-attainment or maintenance status for any criteria pollutants? � No, projecYs county or air quality management district is in attainment status for all criteria pollutants. Yes, projecYs management district or county is in nomattainment or maintenance status for the following criteria poilutants (check all that apply�: Screen Summary Compliance Determination The projecYs county or air quality management district is in attainment status for all criteria pollutants. The project is in compliance with the Clean Air Act. Supporting documentation Lowe Nonattuinment Maintenance Status.pdf 03/14/2019 13:12 Page 12 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 ; Are formal compliance steps or mitigation required? , Yes ✓ �o 03/14/2019 13:12 Page 13 of 34 D8-W-17TH-5T Dubuque, lA 900000010059802 Coastal Zone Management Act �� General requirements I Legislation I Regulation I� Federal assistance to applicant Coastal Zone Management — 15 CFR Part 930 agencies for activities affecting j Act (16 USC 1451Q464), ' any coastal use or resource is particularly section 307(c) �� granted only when such and (d) (16 USC 1456(c) and Iactivities are mnsistent with (d)) I federallyapprovedStare �� Coastal Zone Management Act Plans. This project is located in a state that does not participate in the Coastal Zone Management Program.Therefore.[his project is in compliance with the Coastal Zone Management Ac[. Screen Summary Compliance Determination This project is located in a state that does not participate in the Coastal Zone Management Program. Therefore, this project is in compliance with the Coastal Zone Management Act. Supporting documentation Are formal compliance steps or mitigation repuired? Yes ✓ No 03/14/2019 13:12 Page 14 of 34 278-W-llTH-ST Dubuque, lA 900000010059802 Contamination and 7oxic Substances General requirements Legisfation Regulations It is HUD policy that all properties that are being � 24 CFR 585(i)(2) proposed for use in HUD programs be free of ' 24 CFR 503(i) '. hazardous marerials, contamination,toxic chemicals and gases, and radioactive substances,where a hazard could affectthe �I health and safety of the occupants or mnflict ' with the intended utilization of the property. 1. How was site contamination evaluated?Select all that apply. Document and upload documentation and reports and evaluation explanation of site contamination below. American Society for Testing and Materials (ASTM) Phase I Environmental Site Assessment (ESA) ASTM Phase II ESA Remedlation or cleamup plan ASTM Vapor Encroachment Screening � None of the Above 2. Were any on-site or nearby toxic, hazardous,or radioactive substances found that could affect the health and safety of project occupants or conflict with the intended use of the property? (Were any recognized environmental conditions or RECs identified in a Phase I ESA and confirmed in a Phase II ESA?) No � Yes 3. Mitigation Document and upload the mitigation needed acmrding to the requirements of the appropriate federal, state, Vibal,or local oversight agency. If the adverse environmental effects cannot be mitigated,then HUD assistance may not be used for the project at this site. Can adverse environmental impacts be mitigated? Adverse environmental impacts cannot feasibly be mitigated. 03/14/2019 13:12 Page 15 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 ✓ Yes, adverse environmental impacts can be eliminated through mitigation. Document and upload all mitigation requirements below. 4. Describe how compliance was achieved in the teut box below. Include any of the following that apply:State Voluntary Clean-up Program, a No Further Action letter, use of engineering controls, or use of institutional controls. Rehabilitation activities assume lead based paint is present to identify and remediate lead based paint hazards on disturbed or deteriorated surfaces. File will contain documentation determining lead based paint hazards will not affect health and safety of occupants, induding during the mitigation process. Radon testing results need to be attached. Radon mitigation will be performed under supervision of a Radon Professional for residences with radon concentrations at or above 4 picocuries per liter of air. Residents shall be informed both prior to and after mitigation activities. If a remediation plan or clean-up program was necessary, which standard does it follow? Complete removal ✓ Risk-based corrective action (RBCA) Screen Summary Compliance Determination Site contamination was evaluated as follows: None of the above. On-site or nearby toxic, hazardous, or radioactive substances were found that could affect the health and safety of project occupants or conflict with the intended use of the property. The adverse environmental impacts can be mitigated. With mitigation, identified in the mitigation section of this review, the project will be in compliance with contamination and toxic substances requirements. Supporting documentation 2CRA Reuons.ndf NEPA Assist Repo�t- Toxics.udf Are formal compliance steps or mitigation required? � Yes 03/14/2019 13:12 Page 16 of 34 278-W-17TH-ST Dubuque, IA 900000010059802 fV o 03/14/2019 13:12 Page 17 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 Endangered Species General requirementr ESA Legislation I Regulations Section 7 of the Endangered Species Act (ESA) The Endangered 50 CFR Part mandares that federal agencies ensure that Species Act of 1973 402 ' actions that they au[horize, fund,or carry out (16 U.S.0 1531 et shallnotjeopardizethecontinuedexistenceof seq.�; particularly federally listed plants and animals or result in section 7 (16 U5C Ithe adverse modification or destruction of 1536). designated cntical habitaL Where theiractions I may affect resources protected by the ESA, agencies must mnsWt with the Fish and Wildlife Service and/or the National Marine Fisheries Service ("FWS" and "NMFS" or'the Services"). 1. Does the project involve any activities that have the potential to affect specifies or habitats? ✓ No, the project will have No Effeci due m the nature of the activities involved in the project. This selection is only appropriate if none of the a<tivities involved in the project have potential to affect species or habitats. Examples of actions without potential to affect listed species may indude: purchasing existing buildings, completing interior renovations to existing buildings,and replacing exterior paint or siding on existing buildings. Based on the response, the review is in compliance with this section. No, the project will have No Effect based on a letter of understanding, memorandum of agreement, progremmatic agreement, or checklist provided by local HUD office Yes, the activities involved in the project have the potential to affect species and/or habitats. Screen Summary Compliance De[ermina[ion This project will have No Effect on listed species due to the nature of the activities involved in the project. This project is In compliance with the Endangered Species Act. This is a multi-family reha6ilitation project of an existing structure. Rehabilitation activities will be conducted on the inside of an existing building. 03/14/2019 13:12 Page 18 of 34 278-W-17TH-ST Dubuque, IA 900000010059802 Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 03/14/2019 13:12 Page 19 of 34 27S-W-17TH-ST Dubuque, lA 900000010059802 Explosive and Flammable Hazards General requirements Legisia[ion Regulation ! HUD-assisted projects must meet � N/A 24 CFR Part 51 I Acceptable Separation Distance (ASD) Subpart C �. requirements ro protect them from I explosive and Flammable hazards. 1. Is the proposed HUD-assisted project a hazardous facili[y(a facilitythat mainly stores, handles or processes flammable or combustible chemicals), i.e. 6ulk fuel storage facilities, refineries,etc.? ✓ No Yes 2. Does this project include any of the following ac[ivi[ies: development,construction, rehabilitation that will increase residential densities,or conversion? ✓ No Based on the response,the review is in compliance with this section. Yes Screen Summary Compliance Determination eased on the project description the project includes no activities that would require further evaluation underthis section. The project is in compliance with explosive and flammable hazard requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No 03/14/2019 13:12 Page 20 of 34 27S-W-17TH-ST Dubuque, lA 900000010059802 Farmlands Protection General requirements Legislation Regulation ' The Farmland Protection Farmland Protection Policy 7 CFR Part 658 �i Policy Act (FPPA)discourages Act of 1981 (7 U.S.C.4201 � federal activities that would e[seq.) mnvert farmland to i nonagrialtural purposes. j �� 1. Does your project include any activities, in<luding new construc[ion, acquisition of undeveloped land or conversion,that could convert agricultural land to a non-agricultural use? Yes ✓ No If your project indudes new construction, acquisition of undeveloped land or conversion, explain how you determined that agricultural land would not 6e converted: Rehabilitation of existing structure only. Based on the response, [he review is in compliance with this se<tion. Document and upload all documents used to make your determination below. Screen Summary Compliance Determination This project does not indude any activities that could potentially convert agricultural land to a nomagricultural use. The project is in compliance with the Farmland Protection Policy Act. Supporting documentation Are formal compliance s[eps or mitigation required? Yes � No 03/14/2019 13:12 Page 21 of 34 278-W-17TH-ST Dubuque, lA 900000030059802 Floodplain Management Ceneral Requiremen[s Legislation Regula[ion Executive Order 11988, Exeative Order 11988 24 CFR 55 � Floodplain Management, requires federal activities[o avoid impacts to floodplains and to avoid direct and indirect support of Floodplain development to the extent practicable. 1. Do any of the following exemptions apply?Select the appli<able citation? �only one selection possible] 55.12(c)(3) 5512�c)(4) 55.12�c)(5) 55.12(c)(6) 5512(t)(7) 55.12(c��8) 55.12(c)(9) 55.12�c)(10) 55.12�c)(11) ✓ None of the above 2. Upload a FEMA/FIRM map showing the site here: FIRMETTE c24340eL-7ee8-Ile3-bc7e-0O16�L631e35.odf The Federal Emergency ManagementAgency (FEMA) designatesfloodplains.The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs�. For projects in areas not mapped by FEMA, use[he best available information to de[ermine Floodplain information. Indude documentation, induding a discussion of why this is the best available information for the site. Does your project occur in a floodplain? � No Based on the response,the review is in compliance with this section. Yes 03/14/2019 1312 Page 22 of 34 278-W-17TH-ST Dubuque, IA 900000010059802 ' Screen �urv►mary Compliance Determination This project does not occur in a floodplain. The project is in compliance with Executive ! Order 11988. Project is in area of minimal flood hazard, Zone X, panel 19061CO243F eff. 8/19/2013 ' Supporting dacumentation ' Are formal compliance steps or mitigation required? Yes ✓ No .,_ - . T4 ii �. 03/14/2019 13:12 Page 23 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 Historic Preservation General requirements Legislation Regulation �. Regulations under � Section 106 of the 36 CFR S00"Protection of Historic ' Section 106 of the . National Historic Properties" �, National Historic Preservation Act http://www.ac<ess.qpo.�ov/nara/cfr/waisi PreservationAct (16U.S.C.470f) dx 10/36cfr800 10html ��.. �NHPA) require a consultative process '� ' �� to identify historic I� '' properties, assess � project impacts on them,and avoid, minimize, ormitigate adverse effects Threshold Is Section 106 review required for your project? No, because the project consists solely of activities listed as exempt in a Programmatic Agreement (PA ). (See the PA Database to find applicable PAs.) No, because the project mnsists solely of activities included in a No Potential to Cause Effects memo orother determination [36 CfR 8003�a�(1�]. � Yes, because the project indudes activities with potential to cause effects (direct or indirect). 5[ep 1 —Initiate Consultation Select all consulting parties 6elow(check all that apply): ✓ State Historic Preservation Offer(SHPO) Completed ✓Advisory Council on Historic Preservation In progress Indian Tribes, including Tribal Historic Preservation Officers (THPOs) or Native Hawaiian Organizations (NHOs) 03/14/2019 13:12 Page 24 of 34 278-W-17TH-ST Dubuque, IA 900000010059802 Other Consulting Parties Describe the process of selecting consulting parties and initiating consultation here: SHPO concurrence required, local advisory council only required for external work. Tribal consultation is not required and the When to Consult with Tribes Checklist is attached. Document and upload all correspondence, notices and notes(including comments and objections received below). Step 2—Identify and Eva/uate Hisforic Properties 1. Define the Area of Potential Effect(APE),either by entering the address(es) or uploading a map depicting the APE below: 278 W 17th St, Dubuque, IA 52001. Structure faces north on W 17th St. Parking lot to the south, behind the building is included in APE. In the chart below, list historic properties identified and evaluated in the APE. Every historic property that may be affected by the project should be included in the chart. Upload the documentation (survey forms, Register nominations, concurrence(s) and/or objection(sj, notes, and photos)that justify your National Register Status determination ; below. Address/ Location/ National Register SHPO Sensitive District Status Concurrence Inforrnation 278 W 17th St, Dubuque, IA ' 52001 Eligible No ✓ Not Sensitive ; Additional Notes: Identified as a contributing structure in a historic district. SHPO Concurrence not received within 30 days. 2. Was a survey of historic buildings and/or archeological sites done as part of the ' project? - Yes ✓ No ; 03/14/2019 13:12 Page 25 of 34 278-W-17TH-ST Dubuque, IA 900000010059802 ; Step 3—Assess Effects of the Project on Historic Properties Only properties that are listed on or eligible for the National Register of Historic Places receive further consideration under Section 106. Assess the effect(s) of the project by applying the Criteria of Adverse Effect. (36 CFR 800.5)] Consider direct and indirect effects as applicable as per guidance on direct and indirect effects. ' Choose one of the findings below- No Historic Properties Affected, No Adverse Effect,or Adverse Effect;and seek concurrence from consulting parties. No Historic Properties Affected ✓ No Adverse Effect Based on the response,the review is in compliance with this section. I Document reason for finding: ��'�! There will be no substantial groud disturbing activities and rehabilitation will include repairs, flooring, windows, bathroom fixtures, kitchen fixtures, heating and cooling units, roof and foundation repairs that will not significantly alter the structure. ' Does the No Adverse Effect finding contain conditions? Yes (check all that apply) ✓ No Based on the response,the review is in compliance with this section. Document and upload concurrence(s)or objection(s) below. Adverse Effect Screen Summary Compliance Determination 03/14/2019 13:12 Page 26 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 Based on Section 106 consultation the project will have No Adverse Effect on historic properties. Conditions: None. Upon satisfactory implementation ofthe conditions, which should be monitored, the project is in compliance with Section 106. Supporting documentation S4IP0 Submittal -278 W. Uth Streetrodf Are formal compliance steps or mitigation required? ✓ Yes No 03/14/2019 13:12 Page 27 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 Noise Abatement and Control General requirements Legisla[ion Regulation HUD's noise regulations protec[ Noise Control Act of 1972 Title 24 CFR 51 . residential properties from Subpart B excessive noise exposure. HUD General Services Administration encourages mitigation as — Pederal Management Circular — — � appropriate. 75-2: "Compatible Land Uses at FederalAirfields" , 1. Whatac[ivitiesdoesyourprojectinvolve? Checkallthatapply: New construction for residential use ✓ Rehabilitation of an existing residential properiy NOTE For modernization projects in all noise zones, HUD enmurages mitigation to reduce levels to acceptable compliance standards. See 24 CPR 51 Subpart B for further details. The definition of"modernization" is determined by program office guidance. A research demonstration project which does not result in new construction or reconstruction An interstate land sales registration Any timely emergency assistance under disaster assistance provision or appropriations which are provided to save lives, protect property, protect public health and safety, remove debris and wreckage, or assistance that has the effect of restoring facilities substantially as they existed prior to the disaster None of the above 2. Do you have standardized noise attenuation measures that apply to all modernization and/or minor rehabilitation projects,such as the use of double glazed windows or eztra insulation? Yes ✓ No 03/14/2019 13:12 Page 28 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 3. Complete the Preliminary Screening to identify potential noise genera[ors in the vicinity(3000'from a major road,3000'from a railroad, or 15 miles from an airport). Describe findings of the Preliminary Screening: Project is S31 feet from major roadway and 2268 feet from the nearest railroad crossing. Noise calculator was used to evaluate combined DNL for road and rail sources. DNL is 59.1663 and is below the acceptable sound level of 65 d6 Screen Summary Compliance Determination The project is modemization or minor rehabilitation of an existing residential property. A Preliminary Screening was performed, and found the following: Project is 831 feet from major roadway and 2265 feet from the nearest railroad crossing. Noise calculatorwas used to evaluate combined DNLfor road and rail sources. DNL is 59.1663 and is below the acceptable sound level of 65 d6. The project is in compliance with HUD's Noise regulation without mitigation. Rail information was estimated at 3 engines per train, likely it is two, and estimate of 50 cars per train as this information was not readily available from railroad. Night fraction of ADT for Cenval Avenue is an estimate based on traffic observations. Supporting documentation NOISE for HEROS.ndf Are formal compliance steps or mitigation required? Yes ✓ No 03/14/2019 13:12 Page 29 of 34 278-W-llTH-ST Dubuque, lA 900000010059802 Sole Source Aquifers General requirements Legislation Regulation The Safe Drinking WaterAct of 1974 Safe Drinking Water � 40 CPR Part 149 pro[ects drinking water systems Act of 1974 (42 U.S.C. � which are the sole or principal 201, 300f et seq.,and drinking water source for an area 21 U.S.C. 349) and which, if contaminated,would � create a significant ha¢ard to public �, health. �, � , 1. Does the project consist solely of acquisition, leasing,or rehabilitation of an existing building(s�? ✓ Yes Based on the response,Ihe review is in mmpliance with this seciion. No Screen Summary Compliance Determination Based on the project description,the project consists of activities that are unlikely to have an adverse impact on groundwater resources. The project is in compliance with Sole Source Aquifer requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes � No 03/14/2019 13:12 Page 30 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 Wetlands Protection �al requirements � Legislation Regulation &ecutive Order 11990 dis<ourages direct or Executive Order 24 CFR Si20 can be indirectsupportofnewconstruciionimpacting 11990 usedforgeneral � wetlands wherever there is a practicable guidance regarding altemative. The Fish and Wildlife Service's the 8 Step Process. National Wetlands Inventory can be used as a primary screening tool, but o6served or known ' wetlands not indicated on NWI maps must also be processed Off-site impacts that result in draining, impounding, or destroying wetlands , must also be processed. 1. Does this project involve new construction as deflned in Ezecutive Order 11990, ezpansion of a building's footprint,or ground disturbance?The term "new construction" shall include draining,dredging,channelizing,filling,diking, impounding,and related activities and any structures or facilities begun or au[horized aker the effective date of[he Order No � Yes 2. Will the new construction or other ground disturbance impact an on-or off-site wetland?The term "wetlands" means those areas that are inundated by surface orground water with a frequency suffi<ient to support,and under normal circumstances does or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs,and similar areas such as sloughs, po[holes,wet meadows, river overflows, mud flats,and natural ponds. "Wetlands under E.O. 11990 include isolated and non-jurisdictional we[lands." � No, a wetland will not be impacted in terms of E0. 11990's definition of new construction. eased on the response,the review is in compliance with this section. Doament and upload a map or any other relevant documentation below which eaplains your determination Yes, there is a wetland that be impacted in terms of E.O. 11990's definition of new construction. 03/14/2019 13:12 Page 31 of 34 27S-W-llTH-ST Dubuque, lA 900000010059802 Screen Summary Compliance Determination The project will not impact on- or off-site wetlands. The project is in complianw with Executive Order 11990. Supporting documentation FronC of buildin,.JPG Are formal compliance steps or mitigation required? Yes ✓ No n 03/14/2019 13:12 Page 32 of 34 278-W-17TH-ST Du6uque, lA 900000010059802 Wild and Scenic Rivers Act General requirements Legislation Regula[ion The Wild and Scenic Rivers Act The Wild and Scenic Rivers 36 GFR Part 297 provides federal prote<tion for Act (16 U.S.G 1D1-1287), I certain free-flowing, wild, scenic particularly section 7(b) and '� and recreational rlvers , (c) (16 U.S.C. 1278�6) and (<�) j designatedascomponentsor �� � � potential components of the � I National Wild and Scenit Rivers System (NWSRS)from the effects of construction or development ' �. 1. Is your prqect within proximity of a NWSRS river? ✓ No Yes, the project is in proximity of a Designated Wild and Scenic River or Study Wild and Scenic River. Yes, the project is in proximity of a Nationwide Rivers Inventory (NRI� River. Screen Summary Compliance Determina[ion This project is not within proximity of a N WSRS river. The project is in compliance with the Wild and Scenic Rivers Act. Supporting documentation W iId and Scenic RiversJPG Are formal compliance steps or mitigation required? Yes � No � � � � 03/14/2019 13:12 Page 33 of 34 278-W-17TH-ST Dubuque, lA 900000010059802 Environmental Justice General requirements Legislation Regulation Determine if the project Executive Order 12898 creates adverse environmental � impacts upon a low-income or � minority mmmunity. If it does, engage the community in meaningful participation about mitigating the impacis or move the project. HUD strongly encourages starting the Environmental lustice analysis only after all other laws and authorities, including Environmental Assessment factors if necessary, have been completed. 1. Were any adverse environmental impacts identified in any other compliance review portion of this projecYs total environmental review? Yes � No Based on the response,the review is in compliance with this section. Screen Summary Compliance Determination No adverse environmental impacts were identified in the projecYs total environmental review. The project is in compliance with Executive Order 12898. Permit History: Building Use History: Supporting documentation Are formal compliance steps or mitigation required? Yes � No 03/14/2019 13:12 Page 34 of 34