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)