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Hardwoods Logging DemolitionMEMORANDUM August20,2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Resubmittal 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 The City of Dubuque submitted a request for release of funds for the former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project on August 18th and was informed by HUD that the Council review process must again be initiated to allow for the 30-day public comment period. WC Stewart Construction Company has agreed to extend its bid price until October 7, 2003. It is anticipated that the award will be before that date. Housing and Community Development Department Director David Harris is recommending 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. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment CC: Michael C. Van Milligen Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director MEMORANDUM Augu~ 20,2003 To: From: Mich~Van., Milligen, City Manager David Harris, Housing and Community Development Department Subject: Resubmittal 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 Groin EDI Project Introduction The City of Dubuque submitted a request for release of funds for the former Dubuque Hardwoods/Miller Logging/Peavey Grain EDI Project on August 18th and was informed by HUD that the Council review process must again be initiated. This memorandum transmits a proposed 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 project. Background An environmental review was completed on the property formerly occupied by Dubuque Hardwoods, Miller Logging, and Peavey Grain in the Port of Dubuque in June 2003. As part of the review process, the Iowa State Historic Preservation Office (SHPO) is required to comment on the project. Following their comment, a finding of no significant impact and request for release of funds can be submitted. The City had requested comment from the SHPO, who requested additional information on the project. SHPO approved the project on August 14th and determined that no historic properties are affected by the project. Since their final comment and approval was received after the July 9th Council review, the review and comment period by the City must again be initiated. 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 EDI 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 5 p.m. on September 9 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'~ATAUKELERR'~Ham'woods~lardwoods ERRmemo.mvrn.doc RESOLUTION NO. 295-03 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. Depa~'t~-~ent of Housing and Urban Development, an environmental review has been processed for the former Dubuque Hardwoods/Miller Legging/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 signiticant 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 various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency 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 Certitication. 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 Legging/Peavey Grain EDI Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on September 9, 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 capad~J 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 be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 21st day of August, 2003. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk 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: August 25, 2003 TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS: Housing and Community Development Department City of Dubuque 1805 Central 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 formedy 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 September 10, 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) No adverse effects on historic properties. 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 Depadment, 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 Terraoce M. Duggen 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 pedod 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 written 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 pedod. Terrance M. Duggan, Mayor F:~Users~ATAU KE\E RR'tH ardwoods\H ardwo ods ED! EXHA.do¢ Request for Release o! Funds and Certification U.S. Department of Housing and Urban Development Office of Community Planning and Development OMS No. 2506-0087 (exp. 11/30/2004) 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 collecfion of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collaction of information unless that collection displays a valid OMB control number, Part 1. Program Description and Request for Release of Funds o be completed by Responsible Eqtity) 2. HUD/Stare Identification Number 3. Recipient IdeHt;;;u.t;o., Number B-03- SP-IA- 0193 1. Pr0gmm T~e(s) Econcn~/o Development Initiative (EDI) 4. OMB Ca.log Number(s) 6_ For information about tflis request, contact (name & phone number) Aggie Tauke, Coa~unity Development ~O~ O~aha Area Off,ce (omionar~ 42-6004596 5. Name and address of responsible entity City 0£ Dubuqlle City Hall S0 West 13th ~treet Dubuque IA 52001 7. Name and address of mcipiem (if different than responsible en~*y) E~ecutive Tower Centre 10909 Mill Valley ~oad O~m NE 68154-3955 The recipient(s) of assis~tance 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 Acifvity(ies)/Project Name(s) 10. Location (Street address, city, county. State) Former Dubuque Hardwoods/Miller Northwest corner of Eeet 5th Street an~ Bell Logging/Peavey Grain EDI Project Streets in the City of Dubuuqe, Dubuque Cou~lty, Iowa 11. Program A~iv~/Pr0jectDescrip~on Demolition and cleanup of the 15 acre site formerly occupied by Dubuque Eardwooda, Miller Logging and Peavey Graia to create a parcel for re~evelo[~en~. Previous editions are obsolete fora1 HUD.7015.15 (1/29) Part 2. Environmental Certification (to be 'completed by responsible entity) With reference to the above Program Activity(ies)/Preject(s), I, the undemigned officer of the responsible entity, certify that: 1. The responsible entity has fully carried out its responsibilities for envizoamental review, decision-making and action pertaining to the project(s) named above. 2. Thc 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, pertait 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 considoring the type and degree of anvirenmental effects identifind by the envirenmantal review completed for the Pr°posed projectdeseribedinPart 1 ofthisrequest, Ihavefoundthattheproposal[~did []didnotrequirethepreparationanddisserahlation of an environmental impact statement, 4. The responsible entity has disseminated and/or published in the manaor prescribed by 24 CFR 58-43 and 58.55 a a°tice te 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 pexiods 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 Co), the responsible entity will advise the recipient (if different from the responsible entity) °f any special environmental conditions that must be adhered to in carrying out the project. As tho duly designated certifying official of the responsible entity, I also cerfffy that: 7. I am authorized to and do consent to assume the status of Federal official under the National EnvJl'ontaental Policy Act of 1969 and each prevision of law designated in the 24 CFR 58.5 list of N'EPA-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. Iamauth~r~zedtoandd~aceept~nbehalf~fthe~ecipientpers~nal~y~thejurisdi~ti~n~ftheFederalcourtsfortheenf~rcem~nt~f all these responsibilities, in my capacity as certifying officer of the responsible entity. 'Fnle of Certifying Officer Mayor Cit~, o£ Dubuque Iowa Date signed 09/10/2003 Signature of Certifying Officer of the Responsible Entity X Address of Cert~yibg Officer Part 3. To be o~m?eted 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 e~ndltinn~ in accordance with 24 CFR 58.71(b). $~na~e of Authorized Officer of the Resipient X Tr~le of Authorized Officer Date signed Warning; HUD witl prosecute false claims sod statements. Conviction may result in criminat and/or civil pe nalties. (18 U.S.C. 1001,1010, 1012; 31 U.S.C. 3729, 3802) Previous editions are obsolete form HUD-7015.15 (1/99)