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Dbq Hardwoods Miller EDI ProjecMEMORANDUM July 1, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Publication of Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project Housing and Community Development Department Director David Harris is recommending publication of the combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project. The City of Dubuque has purchased the property formerly occupied by Dubuque Hardwoods, Miller Logging and Peavey Grain in the Port of Dubuque. The property is located at the northwest corner of East 5th Street and Bell Street. Three Hundred Fifty Seven Thousand, Six Hundred Sixty Dollars ($357,660) in Federal EDI Economic Development Initiative funds has been received to assist in the demolition and cleanup of the 15-acre site, which will create a vacant parcel for future redevelopment. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen ~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director CITY OF DUBUQUE, IOWA MEMORANDUM June 30, 2003 To: Michael Van Milligen, City Manager From; David Harris, Housing and Community Development Department Subject: Publication of Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project Introduction This memorandum transmits a proposed resolution authorizing the publication of a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the former Dubuque Hardwoods/Miller Logging/ Peavey Grain EDI Project Background The City of Dubuque has purchased the property formedy occupied by Dubuque Hardwoods, Miller Logging, and Peavey Grain in the Port of Dubuque. The property is located at the northwest comer of East 5th Street and Bell Streets. $357,660 in Federal EDI Economic Development Initiative funds has been received to assist in the demolition and cleanup of the 15-acre site, which will create a vacant parcel for futura redevelopment. The City of Dubuque must publish a notice of environmental review finding for projects to be funded with EDI funds. This notice allows 15 days for citizen and public agency comments on the environmental assessment of these programs. After that time, the City may file a Request for Release of CDBG funds with the U.S. Department of Housing and Urban Development (HUD). Discussion Publication of the attached notice, Exhibit A, indicates that the City of Dubuque has carried out its responsibilities according to regulations of HUD. The approval of the attached resolution and the publication of its accompanying public notice are required procedural steps for securing the release of CDBG funds for this project. Recommendation I recommend that the City Council authorize publication of the combined Notice of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project. Copies of the environmental review record will be made available to the public and interested agencies. Public comment will be accepted until 8:am July 28 2003 and will be taken into account before proceeding with the request for release of funds. Action Step The action step is for the City Council to adopt the attached resolution. Prepared by Aggie Tauke, Community Development Specialist F:\Users~ATAUKE\ERR\Hardwoods\Hardwoods ERRmemo.mvrn,doc RESOLUTION NO. 222-03 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE FORMER DUBUQUE HARDWOODS/MILLER LOGGING/PEAVEY GRAIN EDI PROJECT. Whereas, the City of Dubuque has received a Economic Development Initiative (EDI) Special Project grant from the U.S. Department of Housing and Urban Development, 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 former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project; and Whereas, based on said environmental review, the Department of Housing and Community Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of" Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to vadous federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; 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. 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 combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the former Dubuque Hardwoods/Miller Logging/ Peavey Grain EDI Project and to make the Environmental Review Record for said project available for public inspection and comment until 8:00 am on July 28, 2003. 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 Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) 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 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, decision-making and action. Attest: Jeanne F. Schneider, City Clerk Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 7th day of July, 2003. Terrance M. Duggan, Mayor Exhibit A CONCURRENT NOTICE NOTICE TO PUBLIC OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT NOTICE TO PUBLIC OF INTENT TO REQUEST RELEASE OF FUNDS Date of Publication: July 10, 2003 TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS: Housing and Community Development Department City of Dubuque 1805 Centml Dubuque, iowa 52001-3656 563-589-4239 The City of Dubuque will request the U.S. Department of Housing and Urban Development (HUD) for the release of Economic Development Initiative (EDI) funds for the following project: Former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project Economic Development Initiative (EDI) funds were received by the City of Dubuque for this project, which includes the following: Demolition and cleanup of the 15 acre site formerly occupied by Dubuque Hardwoods, Miller Logging and Peavey Grain. The property is located at the northwest corner of East 5th Street and Bell Streets in the City of Dubuque, Dubuque County Iowa. These Notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Dubuque, Iowa. FINDING OF NO SIGNIFICANT IMPACT The City of Dubuque has determined that the former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project identified for use with Economic Development Initiative (EDI) funds will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969(NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the Housing and Community Development Department at 1805 Central, Dubuque, Iowa and may be examined or copied weekdays 8:00 A.M. to 5:00 P.M. REQUEST FOR RELEASE OF FUNDS On or about July 28, 2003, the City of Dubuque will submit a request to the U.S. Department of Housing and Urban Development for the release of funds to undertake the former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project. The City of Dubuque has found that the aforementioned project has no significant effect on the environment based on the following facts and reasons: 1) Assessment of the nature, magnitude and duration of any adverse and positive impacts; 2) Consideration of alternatives to the project, commitment of resources, known views of local groups, measures which can be instituted to lessen potential adverse impacts and to enhance the environment; 3) No loss of unique environmental resources; 4) review of development trends; and 6) A minimum occurrence of adverse effects that cannot be avoided. PUBLIC COMMENTS Any individual, group or agency disagreeing with this determination or wishing to comment on the project may submit written comments to the Housing and Community Development Department, 1805 Central Avenue, Dubuque, Iowa 52001. All comments received will be considered by the City of Dubuque prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing. RELEASE OF FUNDS The City of Dubuque certifies to the U.S. Department of Housing and Urban Development that Terrance M. Duggan in his capacity as Mayor consents to the jurisdiction of the federal courts in an action brought to enforce the City's 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 former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project to use Economic Development Initiative (EDI) funds. OBJECTIONS TO RELEASE OF FUNDS HUD will accept objections to its release of funds and the City of Dubuque's certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) 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 grant recipient has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a wdtten finding that the project is unsatisfactory from the standpoint of environmental quality. Objections for the use of Economic Development Initiative (EDI) funds must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to U.S. Department of Housing and Urban Development (HUD), Omaha Area Office, Executive Tower Centre, 10909 Mill Valley Road, Omaha NE 68153. Potential objectors should contact HUD to verify the actual last day of the objection period. Terrance M. Duggan, Mayor F:\UsersV~TAUKE~ERR~-Iardwoods\Hardwoods EDI EXHA.doc OMB No. 2506-0087 Request for Release of Funds u.s.Degartment of Housing (exp. 11/30/2004) and Urban Development and Certification owice of Community Planning end Development 'ned in 24 CFR 58.2) when requesting the release of funds, and ~ L ~A=n.~rt~ih[~* Entities and Recipients (as deft L . '.~ fnr the assum0t on of the environmental This form is to be ustc ny m~. ....... D to-rams identified by statutes thai provlu= requesting the authoety to. use such fu,n, ds, !o_r~.H.~UmDmP~ and States Public reperting burden for this collectton olunrormaa°n '~ ........... · - ' viewin nstructions, searching existing data sources, gathering and review responsibility by units of general ioca~ ,.juw .......... - t~ ~veraee 36 minutes per response, Inc. ludmg.the.hm._e_f°..r..r~nll~cti~n of information. Thisagency maynot conduct or sponsor, and ~a~-ntaini'ng the data needed, and completing an(3 rewew.~9 ~.~ a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. in be completed by Respoceible Entity) Economic Develol~nent Znltlative (EDI) 4. OMB Catalog Number(s) Citer o:~ Dubuc/ue City Hall Dubuc/ue IA 52001-486~ 6. For information about this request, contact (name & phone number) Aggie Tauke Cc~nunity Development Specialist ~. Name and address of recipiem (if different than responsible entity) 563-~89-4239 8. HUD or State Agency and office un~ to receive request ~3Z) Om~ Area Office E3¢ecuti'v'e Tower Cenetre 10909 Mill Valley Road The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental at conditions governing the use of the assistance for the following 9. program Aetivity(iss)/Projeut Name(s) 10. Location (Street address, city, county, State) Former Dubuque Hardwoods/Miller Logging/ Northwest corner o~= East 5th Street and Bell Peave~ Grain EDI ProJeot Streets in the City o~ Dubuque, Dubuque County Iowa. 11. Program Activ~/ProjectDescripfion Demolition and cleanu~ of the 15 acre site formerly occupied by Dubuque Hardwoods, Miller Logging and Peavey Grain to create a parcel for redevelopment. form HUD-7015.15 (1/99) Previous editions are obsolete Part 2. Environmental Certification (to be com~°nsible 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 respOnSthiht~es for enmronmental rewew, dems~on making and actxon pertmnmg 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 Environmantal 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. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed 3. projectdaseribedinPartlofthisrequest, Ihavefouedthatthepr°posal[~did ~didnotrequirethepreparatioaanddisseminati°n of an environmental impact statement. 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 4. 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 far 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 aceordance with 24 CFR 58'71C°)' the resp°nsibte entity willadvise the recipient (if different fr°m the resp°nsible entity) °f 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 offimal under the NaUonal 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 rewew, dems~on-making and actaon that have been assumed by the responsible entaty 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 Cerafying Officer of the Responsible Eedty X Address of Certifying Officer City o~ Dubuque 50 West 13th Street Dubuque IA 52001-4864 T~le of Certifying Officer ty of Dubuque IA 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 mad 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 58.71Co). Signature of Authorized Officer of me Recipient X ifle of Authorized Officer Date signed Warning: HUD wilt prosecute false claims and statements. Conv~ction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010,1012; 31 U.S.C. ~/2u, 3802) Previous editfons are obsolete form HUD-7015.15 (1/99)