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Lead Based Paint Hazard Control Intent to Release FundsTIE CITY OF DUbUgU@ ~~ ~~~ E ~;~~ Masterpiece on the Mississippi ~' `$ r 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Publication of Notice of Intent to Request Release of Funds - Lead-Based Paint Hazard Control Grant Program DATE: January 16, 2008 Housing and Community Development Department Director David Harris is recommending approval of the publication of a Notice of Intent to Request Release of Funds for the Lead-Based Paint Hazard Control Grant Program. I concur with the recommendation and respectfully request Mayor and City Council approval. V ~2"~~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director RESOLUTION NO. 22-08 A RESOLUTION AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR LEAD-BASED PAINT HAZARD CONTROL GRANT PROGRAM. Whereas, the City of Dubuque will enter into a Grant Agreement with the U.S. Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control, providing for aLead-Based Paint Hazard Control Grant, and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Lead-Based Paint Hazard Control Grant Program; and Whereas, based on said environmental review, the Housing and Community Development Department has determined that said project is categorically excluded under HUD regulations at 24 CFR Part 58 from the National Environmental Policy Act requirements; and Whereas, a Notice of Intent to Request Release of Funds for said program will be published in a newspaper of general circulation; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a Notice of Intent to Request Release of Funds for the Lead-Based Paint Hazard Control Grant Program and to make the Environmental Review Record for said projects available for public inspection and comment until 5:00 p.m. on February 4, 2008. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Housing and Community Development Department, 350 West 6t" Street, Suite 312, Dubuque, Iowa where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is herei)y authorized and directed to submit to the U.S. Department of Housing and Urban Development seven (7) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. 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 5. That the Mayor of the City of Dubuque is hereby authorized to consent in his official capacity as Mayor 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, decision-making and action. Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 22nd day of January, 2008 Ric W. Jones, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Glerk F:\UsersWTAUKE\ERR\Lead PaintResolution.doc EXHIBIT A NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS Date of Notice: January 25, 2008 City of Dubuque Iowa Housing 8~ Community Development Department 350 West 6th Street, Suite 312 Dubuque Iowa 52001 563-589-4239 On or about February 4, 2008 the City of Dubuque will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Lead-Based Paint Hazard Control Grant Program funds, authorized by Section 1011 of the Housing and Community Development Act of 1992, Public Law 102- 550, and funded through the Consolidated Appropriations Act of 2006, Public Law 108-477 for the following program/project: Lead-based paint hazard control program for the inspection and lead-based paint hazard reduction in 400 existing residential units in Census Tracts 1, 5, 6, 7.01, 7.02, 101.01 and 101.03 in the City of Dubuque, Iowa, excluding special flood hazard areas. The City of Dubuque is request the release of $2,982,769 in Lead-Based Paint Hazard Control Grant Program funds and $500,728 in matching City funds for the thirty-six month program. The proposed hazard control activities to be funded under this/these program(s) is/are categorically excluded from the National Environmental Policy Act requirements, but subject to compliance with some of the environmental laws and authorities listed at § 58.5 of 24 CFR Part 58. In accordance with §58.15, a tiered review process has been structured, whereby some environmental laws and authorities have been reviewed and studied for the intended target area(s) listed above. Other applicable environmental laws and authorities will be complied with, when individual projects are ripe for review. Specifically, the target area(s) has/have been studied and compliance with the following laws and authorities has been established in this first tier: Floodplain Management, Coastal Barriers Resource Act, Coastal Zone Management Act. Compliance with the following environmental laws and authorities will take place for proposed projects funded under the program(s) listed above: Historic Preservation, National Flood Insurance Program requirements, Explosive & Flammable Operations, toxics/hazardous materials. Should individual aggregate projects exceed the threshold for categorical exclusion detailed at §58.35(a), an Environmental Assessment will be completed and a separate Finding of No Significant Impact and Request For Release Of Funds published. Copies of the compliance documentation worksheets are available at the address below. An Environmental Review Record (ERR) that documents the environmental determinations for this project, and more fully describes the tiered review process cited above, is on file at Housing and Community Development Office, 350 West 6th Street, Suite 312, Dubuque, Iowa and may be examined or copied weekdays 8:OOa.m. to 5:00 p.m. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the Housing and Community Development Department, 350 West 6th Street, Suite 312, Dubuque, Iowa. All comments received by February 4, 2008 will be considered by the City of Dubuque prior to authorizing submission of a Request for Release of Funds and Certification to HUD. RELEASE OF FUNDS The City of Dubuque certifies to HUD that Roy D. Buol, in his/her official capacity as Mayor, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD's approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Dubuque to utilize federal funds and implement the Program. OBJECTIONS TO RELEASE OF FUNDS HUD will consider objections to its release of funds and the City of Dubuque certification for a period of fifteen days following either the anticipated submission date (cited above) or HUD's actual receipt of the request (whichever is later) only if the objections are on one of the following bases: (a) that the Certification was not executed by the Certifying Officer of the City of Dubuque; (b) the City of Dubuque has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the City of Dubuque has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58), and may be addressed to HUD as follows: U.S. Department of Housing and Urban Development, Ed Thomas, Environmental Clearance Officer, The Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107-3380. Potential objectors may contact HUD to verify the actual last day of the objection period. Roy D. Buol, Mayor, City of Dubuque F:\USERS\ATAUKE\ERR\Lead\Lead NOIRROF.08.doc Request for Release of Funds and Certification U.S. Department of Housing and Urban Development Office of Community Planning and Development OMB No. 2506-0087 (exp. 12/37/2007) 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 wllection 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. Previous eddions are obsolete Page ~ Of 3 form HUD-7015.15 (1/99) Part 1. Pro ram Descri lion and Re uest for Release of Funds to be com leted b Res onsible Entit 1. Program Title(s) 2. HUD/State Ident~cation Number 3. Recipient Identifcation Lead-Based Paint Hazard Control Grant IALHB0375-07 Number (optional) Program 42-6004596 4. OMB Catalog Number(s) 5. Name and address of responsible entity City of Dubuque Housing and Community Development 6. For information about this request, contact (name 350 West 6 Street Suite 312 &phone number) Dubuque IA 52001 David Harris 563-589-4239 7. Name and address of recipient (if different than responsible entity) 8. HUD or State Agency and office unit to receive request HUD Office of Healthy Homes and Lead Hazard Control, 451 Seventh Street SW, Room 8236, Washin ton DC 20410 The recipient(s) of assistance under the p rogram(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the followin 9. Program Activity(ies)/Project Name(s) 10. Location (Street address, city, county, State) Lead Based Paint Hazard Control Census Tracts 1,5, 6, 7.01,7.02, 101.01 and Grant Program 101.03, excluding special flood hazard areas, in the Cit of Dubu ue, Dubu ue Count IA 11. Program Activity/Project Description Lead-based paint hazard control program for the inspection and lead-based paint hazard control in 400 existing residential units. Part 2. Environmental Certification (to be completed by responsible entity) Previous editions are obsolete Page 2 Of 3 form HUD-7015.15 (1/99) 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 entty has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Ad 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 (rf different from the responsible entity) of any special environmental cend'Rions 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 Ad 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 entty. Signature of C ~ in fficer of the Responsible Entity Title of Certifying Officer Mayor, City of Dubuque Pro-Tem Date signed February 4, 2008 Address of Certifying Offi City of Dubuque City Hall, 50 West 13'" Street Dubuque IA 52001 Part 3. To be tom leted when the Reci lent is not the Res onsible Enti 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 projector an than a in environmental conditions in accordance with 24 CFR 58.71 b . Signature of Authorized Officer of the Recipient Title of Authorized Officer Date signed VVarni>9: HUDwl prfalseGaiisand sfa~rr~. CornncGOn may 2suthaininal andbraipsiatis. (18 U.S.C. 1001, 1010, 1012, 31 U.S.C.3729, 38~) Previous editions are obsolete Page 3 Of 3 forth HUD-7015.15 (1/99) Rehabilitation Environmental Review (2DD7> This RER tiered review format [per 24CFR §58.15] may only be used for the environmental review of the rehabilitation of existing residential structures [according to §58.35(a)(3)] with or without the acquisition (from a funding source other than from OHHLHC grants) of the existing structure [according to §58.35(a)(5)]. It may not be used for oroiects involvinc changes of use or new construction activities, or when the rehabilitation of a multifamily residential buildinc will exceed 75 percent of the total estimated cost of replacement after rehabilitation. Program/project name and description: Lead Based Paint Hazard Control Grant Period of Performance -From (month/year): 1/1/2008 To (month/year): 12/31/2011 Definition of Area of Consideration or Target Area (s): Census Tracts 1,5,5,7.01, 7.02, 101.01 and 101.03 except in Special Flood Hazard Areas (Attach a composite map showing area of consideration and floodplains) Instructions: The Factors addressed in this RER form apply to the entire area of consideration (see NOTES below). Prepare an RER form once for each applicable OHHLHC grant program that meets the criteria of minor rehabilitation at §58.35, and retain it in the program Environmental Review Record (ERR). Anew RER must be completed whenever there are changes in the area of consideration or changes in the environmental conditions which could affect the program or which may bear on the program's impact on the environment. Publish or disseminate a Notice of Intent to Request Release of Funds (NOI/RROF) per §58.70, after completion of this RER. The NOI/RROF shall identify the issues to be addressed in the site-specific reviews (Appendix A) per §58.15. Do not commit HUD funds for specific hazard control activities on projects before obtaining the Authority to Use Grant Funds (HUD form 7015.16, or written notification from OHHLHC) for the program or before completing the site-specific Aooendix A. Site-specific issues (historic preservation, air quality, explosive/flammable operations, toxic substances) which apply to individual rehabilitation/acquisition proposals, shall be addressed by completing Appendix A when an individual loan or grant application is received. Before approving any site-specific loan or grant, complete the Aooendix A for each structure, document and implement the mitigation of impacts as necessary, and keep all supporting documents in the ERR as evidence of compliance. Area-wide Factors Floodplain Management Check box only if no Dart of the area of consideration is located in a Special X^ Flood Hazard Area (SERA, i.e. area designated "A" or "V" Zone by FEMA). (Source documentation, e.g. FIRM panel number[s] and date) If any part of the area of consideration is in a SFHA, complete Part I on back. COaStal Zone Check box if no Dart of the area of consideration is within the Coastal Management © Zone. (Source documentation) If any part of the area of consideration is within the Coastal Zone, complete Part II on back. NOTES: 1. Area of consideration is the geographic portion of a City or County from which applications for rehabilitation (lead hazard control or other housing based health hazard interventions) loans or grants are to be accepted under this HUD-funded program. 2. Ordinarily, the following lawslauthorities listed at 24 CFR 68.6 are not invoked by housing rehabilitation projects under the identified citations or references: Wetland Protection, Executive Order 11990, Sections 1(a) and 2(a); Endanoered Species Act, 16 USC 1531 et seq. as amended, particularly 16 USC 1536, 50 CFR 402; Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 et. seq., as amended [particularly Sections 7(b) and (c)J; Farmland Protection Acl, 7 CFR 658.3(c); Noise Abatement, 24 CFR 51 101(a)(2); Sole Source Acuifers, Memorandum of Agreement between HUD Region IX and U.S. Environmental Protection Agency Region IX, dated 4/30/90, and Executive Order 12898 Environmental Justice. Should exceptional circumstances require compliance steps with any of these authorities, such compliance must be documented prior to approving the site-specific loan or grant. Part ~ FLOODPLAIN MANAGEMENT Complete this part if this program will ever involve any of the following activities within Special Flood Hazard Areas: (1) property acquisition, (2) rehabilitation of single-family units exceeding 50% of the market value of the structure before rehabilitation, or (3) rehabilitation of multifamily residential structures. Not A licabl 1. Before approving any minor rehabilitation/acquisition loans or grants within a SFHA, comply with Executive Order 11988 by completing the 8-step-decision-making process for the entire area of consideration, according to 24 CFR §55.20. ATTACH A COPY OF THIS BSTEP PROCESS (including copies of all published notices). 2. Did completion of the 8-step process result in a determination that there is no practicable alternative to carrying out rehabilitation and/or acquisition of residential units within the Special Flood Hazard Area? ( )Yes ( ) No 3. Is the community participating in the National Flood Insurance Program? ( )Yes ( ) No 4. If either answer to questions #2 and #3 (or to both) is no, loans and grants may not be approved within the Special Flood Hazard Area. 5. If both answers to questions #2 and #3 are yes, compliance review of this factor is complete. NOTE: As an alternative to doing the 8-step process, the responsible entity may choose to revise the boundaries of the area of consideration to exclude the Special Flood Hazard Areas (SFHA's). However, properties within the excluded portions would then be ineligible for HUD-assisted acquisition/rehabilitation loans or grants under this program. WARNING: The Flood Disaster Protection Act (listed at §58.6) additionally mandates the purchase of Flood insurance for buildings located in SFHA's as a condition of approval for federal financial assistance. Flood insurance protection is mandatory for acquisition, construction, reconstruction, repair and improvement activities, but not for routine maintenance activities, except that the removal of lead-based paint and/or other housing based health hazards including are considered rehabilitation and flood insurance is required. Recipients with projects located in SFHA's are responsible for ensuring that flood insurance is maintained for the statutorily prescribed period and dollar amount. In the case of grants, flood insurance must be maintained for the life of the building. In the case of loans, flood insurance must be maintained for the term of the loan. The necessary documentation for compliance is the Policy Declaration form. The amount of flood insurance coverage must be at least equal to the total project cost (less the estimated land cost) or to the maximum limit of coverage made available by the Act. Part II COASTAL ZONE MANAGEMENT Complete this part onl if ou have determined that the area of consideration (or portions of it) is within the Coastal Zone. Not A licabl 1. Have all acquisition/rehabilitation activities under this program been found to be consistent with the applicable Coastal Zone Management Plan? ( X) Yes ( ) No Source of this finding is: (X) certified local Planning Department ( )Other (cite) a. If question #1 was answered "Yes", STOP HERE. Compliance with the Coastal Zone Management Act is documented. b. If question #1 was answered "No", require the acquisition of the coastal zone permit or determination of consistency. DO NOT APPROVE ANY HUD-FUNDED LOAN OR GRANT WITHIN THE COASTAL ZONE before doing this. Agoie Tauke Community Development Specialist 1/14/08 Preparer Name and Title Signature Date Roy D. Buol, Mayor 1/21/08 Responsible Entity Official-Name Signature Date NOTICE OF INTENT TO REQUEST RELEASE OF Date of Notice:' January 25, 2008, City of Dubuque Iowa, Housing 8 Commun- t ant 3i~ 6tb Suite 31.2, bUbuq~lw, (2001, 563-989-4299. Qn or about February 4, 2008 the City of Dubuque tion 1011 and Com ment act r..w...,..~ , •., ._. 2 ,Public Lavr 108~T'7 for the folkrwfng, 1 p. ~%- #iebOfQ that docu- 1lrban Development, Ed g tt-9 envirwimental : Thomas, Endvonmental deterndartadons for this ` Cieararrce t'Sflioee, The project, and more fully de- Wenanrajcar Building, 100 scribes the tiered revrew Penn .Square East. Phda- p~c~~g1 fsitild above, is on delphl5,- Pl1-. 19101-3380. if le at Mousing and Corn- Potsbti§I objectors maY munity Devetopitfg~ ~ Of- ,, f~7 to. verify tl1a fits, 350 West 8tlf Street, ual iatat. clay of 1Ftn bb- '~ Suite 312, Dubuque; Iowa ~ctwn peAod. and may be ;examined or Ftic W. Jones. weekdays B:OOa.m. Mayor Pro-Tem City of Du- t pC GOMMENT$ 25 _ Arty individual, group, or -- -- 400 existieg 'resid&ntiel comrrteMs on tt units in Cep Tracts 1, the Housing and. 5, 6, 7.01, 1'.02, 101.01 hY Develppmen and 101.03 in the CttY of mart, 350 ~IAlest posed projects funded un- der the progra bated above:' Hi tion, Nations} Flood Irisuf- once Program r menu, Explosive 8 Ftarn- mable Opgr~png~ toxics/hazardous matert- als. Should individual ag- tf919-eg hreashbl cal exclusign d at 858.35(a~W ~~~ Repease Of west For publish- ed. Copies of the once docume worksheets are available at the address below. M Erw~ronrnental Review 8th to make a decision or fading required by HUD • r ula- tions at 24 CFR Part 58~ (c) the City of Dubuque has committed funds or incur- red costs not authorized by 24 CFR Part 58 before approval of a release of fufads by HUD; (d) another ,~1lderal aggency acting pur- suant to 40 CFR Part 1504 ,has .submitted a written findir~ that the project is unsatiafACfory from the stehdpant of envvonmen- tai quality. Objections must "be prepared and submitted. in accordance wfth the'requved proce- dures (24 CFR Pact 58), HUD ~ f~ws~: rU S~Deo partment of Housing and STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 25, 2008, and for which the charge is $57.96. Subscribed to before , a otary Public in and for Dub e County, Iowa, this~~ day of , 20 N y Public in and for Dubuqu County, Iowa. *'",wa. MARY K. WESTERMEYER j ~ Ccmmission Number 154885 --"-- My Cnmm FYn FEB. 1, ?~11 .....mss