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Eagle Valley Proj Notices 5U~~E ~ck~ MEMORANDUM March 14,2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager 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 Eagle Valley 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 Eagle Valley Project. I concur with the recommendation and respectfully request Mayor and City Council approval. (JtJ (~fJtt Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and community Development Department ;- ,I,') i5UB~E ~<IN-~ MEMORANDUM March 14, 2006 To: Michae~ Milligen, City Manager David Harris, Housing and Community Development Department From: 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 Eagle Valley 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 Eagle Valley Project Backaround Mid America Housing Partnership has received an EDI Special Purpose Grant from the U.S. Department of Housing and Urban Development for the Eagle Valley project. The project provides for the construction of 2-unit residential townhouses on each of eight lots in Eagle Valley Subdivison. The Council had previously approved release of CDSG funds for the acquisition of lots for this project. The City of Dubuque is the responsible entity for the environmental review of the project. The City must publish a notice of environmental review finding for the project which 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 Funds in Eagle Valley Subdivison 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 EDI Special Purpose 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 Eagle Valley Project. Copies of the environmental review record will be made available to the public and interested agencies. Public comment will be accepted until 5:00 pm on April 1 O. 2006 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:\UsersIATAUKE\ERR\Eagle Valley\Eagle Valley EDI SP memo.mvm.doc RESOLUTION NO. 96-06 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 EAGLE VALLEY PROJECT. Whereas, the Mid America Housing Partnership has received an EDI Special Purpose Grant from the U.S. Department of Housing and Urban Development, and Whereas, the City of Dubuque is the responsible entity for the Eagle Valley Project; 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 Eagle Valley Project; and Whereas, based on said environmental review, the Department of Housing and Urban Development has determined that said project will have no significant impact on the environment; and '-~.!Y- .,'''' __~.;.- -' Whereas, a oombined 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 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 Eagle Valley Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on April 10, 2006. 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. 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 20th day March,2006. Roy D. Suol, Mayor Attest: Jeanne F. Schneider, City Clerk F:\UsersIATAUKElERRlEagle ValleylEagle Valley ERR.res 2.doc RESOLUTION NO. _-2006 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 EAGLE VALLEY PROJECT. Whereas, the Mid America Housing Partnership has received an ED! Special Purpose Grant from the U.S. Department of Housing and Urban Development, and Whereas, the City of Dubuque is the responsible entity for the Eagle Valley Project; 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 Eagle Valley Project; and Whereas, based on said environmental review, the Department of Housing and Urban 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 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 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 Eagle Valley Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on April 10, 2006. 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. 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 _day of March 2006. Roy D. Suol, Mayor Attest: Jeanne F. Schneider, City Clerk F:IUsersIATAUKEIERRIEagle ValleylEagle Valley ERR.res 2.doc 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: March 24, 2006 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 EDI Special Purpose Grant funds for the following project: Eaale Vallev Proiect Construction of 2-unit residential townhouses on Lots 2 thru 9 of Eagle Valley Subdivision, located in the City of Dubuque, Dubuque County, by Mid America Housing Partnership. The property is located east of Roosevelt Street and adjoined by Golden Eagle Drive, Bald Eagle Court and Stellar Eagle Drive. 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 Eagle Valley Project identified for use with EDI Special Purpose Grant 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 April 11 , 2006, 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 Eagle Valley 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 5) 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 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 Roy D. Buol in his capacity as Mayor consents to the jurisdiction of the federal courts in any 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 the Eagle Valley Project to use EDI Special Purpose Grant 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 written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections for the use of EDI Special Purpose Grant 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. Roy D. Buol, Mayor F:\UsersIATAUKEIERR\Eagle ValleylEagle Valley EXH A.doc Request for Release of Funds and Certification U.S. Department of Housing and Urban Development Office of Community Planning and Development OMS No. 2506-0087 (exp. 12/31/2007) This lonn 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 infonnation 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 infonnation. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of infonnation unless that collection displays a valid OMS control number. Part 1. Pro ram Description and Requeat for Release of Funda (to be completed by Responsible Enf ) 1. Program Tltle(s} 2. HUD/State Identification Number 3. Recipient Identification Number EDI Special Purpose Grant (optional) B-05-SP-IA-0076 4. OMS Catalog Number(s) 5. Name and address of responsible entity City of Dubuque City Hall 50 West 13th Street Dubuque IA 52001-4864 6. For Information about this request, contact (name & phone number) Aggie Tauke. 563-589-4212 8. HUD or State Agency and office unit to receive request BUD, omaha Area Office, Bxecutive Tower Centre, 10909 Kill Valley Road, Omaha, HE 78153 The reciplent(s) of ass uta nee 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 Actlvlty(ies}/Project Name(s} 10. Location (Street address, city. county, State) Ragle Valley Project Bast of Roosevelt Street and adjoined by Golden Eagle Drive, Bald Bagle Court and Stellar Bagle Drive, Dubuque, Dubuque County 7. Name and address of recipient (if dtfferent than responsible entity) Mid America Housing Partnership 3351 Square D Drive SW Cedar RapidS. IA 52404 11. Program Activity/Project Description Construction of 2-unit residential townhouses on Lots 2-9 of Bagle Valley Subdivisiaa, located in the City of Dubuque, Dubuque County by Kid America Housing PartDership~ Previous editions are obsolete fonn 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),!, 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. 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 0 did [l] 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 CPR 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 (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, ! also certify that: 7. 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 ofNEPA-related authorities insofar as the provisions of these laws apply to the HUDresponsibilities for environmental review. decision-making and action that have been asswned 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 entity. Signature of Certifying Officer of the ResponsibJe Entity Title of Certifying Officer Mayor of City of Dubuque Date signed X 04/11/2006 Address of Certifying Officer City of Dubuque 50 West 13th Street Dubuque IA 52001-4864 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 CPR 58.71(b). Signature of Authorized Offk;er of the Recipient Title of Authorized Officer Douglas Wagner, President & CEO Kid America Bousin partnershi Date signed X 04/11/2006 W.mlng: HUDwillpros&cutefalseclaimsand 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 fonn HUD-7015.15 (1/99)