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Environmental Review for Continuum of Care - Phoenix Housing Copyright 2014 City of Dubuque Consent Items # 32. ITEM TITLE: Environmental Review for Continuum of Care Phoenix Housing SUMMARY: City Manager recommending approval for the Mayor to execute the Environmental Review Determination as the Certifying Officer for the City of Dubuque. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Phoenix Housing Continuum of Care Environmental City Manager Memo Review-MVM Memo Staff Memo Staff Memo Environmental Review Determination Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Environmental Review Determination for Phoenix Housing Continuum of Care Funded Program DATE: June 10, 2016 Community Development Specialist Erica Haugen completed the environmental review for Phoenix Housing Continuum of Care project and found that the Administrative Services activity is Categorically Excluded from the National Environmental Policy Act of 1969 and not subject to 58.5 Statutory Authorities. Housing & Community Development Director Alvin Nash recommends City Council approval for the Mayor to execute the Environmental Review Determination as the Certifying Officer for the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing & Community Development Director THE CITY OF Dubuque AII11-America CiI.ty UB E1 Masterpiece on the Mississippi 2007.2012.2013 To: Michael Van Milligen, City Manager From: Alvin Nash, Housing & Community Development Director Date: June 9, 2016 Re: Environmental Review Determination for Phoenix Housing Continuum of Care Funded Program Certain HUD funded activities which do not have physical impact require a Responsible Entity (RE) to determine whether the proposed activity is categorically excluded from the National Environmental Policy Act of 1969 (NEPA), as amended, and not subject to the related statutory authorities listed at 24 CFR Parts 58.5 and 58.6. The City is the Responsible Entity for those activities in the jurisdiction of Dubuque that have been awarded Continuum of Care funding. Community Development Specialist Erica Haugen completed the environmental review for Phoenix Housing Continuum of Care project within the jurisdiction of Dubuque and the Administrative Services activity is Categorically Excluded from NEPA, Not Subject to 58.5 Statutory Authorities. The Phoenix Housing Program also involves rental assistance to owners of private property. Sponsor Based rental assistance is categorically excluded under NEPA but subject to review under the authorities listed in 24 CFR 58.5. The City of Dubuque will utilized a Tiered Environmental Review and Assessment to analyze all rental assistance activities funded with Continuum of Care funds to evaluate their impact on the environment. Site specific environmental review will be conducted for all new structures leased in the project. The Mayor is the Certifying Officer for the City of Dubuque. The Certifying Officer's signature is requested on the attached Environmental Review Determination. Please return signed documents with wet signature to the attention of Erica Haugen at the Housing Department. 2 Environmental Review Record FY 2016 THE CITY OF Dubuque U� a.E 111-America Citi Masterpiece on the Mississippi 2007.2012.2013 Housing and Community Development Department City of Dubuque, Iowa Environmental Review Record Phoenix Housing Continuum of Care Program Page 1 of 6 Environmental Review Record FY 2016 ENVIRONMENTAL REVIEW RECORD (24 CFR 58, Section 58) Responsible Entity [24 CFR 58.2(a)(7)1: City of Dubuque, Iowa Certifying Officer [24 CFR 58.2(a)(2)]: Roy D. Buol, Mayor Project Name: Phoenix Housing, Shelter Plus Care Program Project Location: Dubuque, Dubuque County, IA Grant Recipient [24 CFR 58.2(a)(5)]: City of Dubuque Recipient Address: 350 West 6t" Street Suite 312, Dubuque IA 52001 Project Representative: Alvin Nash, Housing and Community Development Director Telephone Number: 563-589-4230 Page 2 of 6 City of Dubuque Housing & Community Development Department Environmental Review Record FY 2016 Masterpiece on the Mississippi ENVIRONMENTAL REVIEW RECORD: DETERMINATION OF LEVEL OF REVIEW ERR FILE # FY17 Continuum of Care Project Name: Phoenix Housing Continuum of Care Program HUD Program: Continuum of Care Project Location: City of Dubuque, Iowa Program Year: 2015 Project Description (Attach additional descriptive information, as appropriate to the project, including narrative, maps, photographs, site plans, budgets and other information.):See attached The subject project has been reviewed pursuant to HUD regulations 24 CFR Part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities," and the following determination with respect to the project is made: Exempt from NEPA review requirements per 24 CFR 58.34(a)(see below) ❑ Categorically Excluded NOT Subject to §58.5 authorities per 24 CFR 58.35(b)(see below_) Categorically Excluded SUBJECT to §58.5 authorities per 24 CFR 58.35(a)(see below) (A Statutory Checklist for the §58.5 authorities is attached.) ❑ An Environmental Assessment (EA) is required to be performed. (An Environmental Assessment performed in accordance with subpart E of 24 CFR Part 58 is attached.) ❑ An Environmental Impact Statement (EIS) is required to be performed. The ERR (see §58.38) must contain all the environmental review documents, public notices and written determinations or environmental findings required by Part 58 as evidence of review, decision making and actions pertaining to a particular project. Include additional information including checklists, studies, analyses and documentation as appropriate. FINDING: [58.40(g)] • Finding of No Significant Impact (The projects will not result in a significant impact on the quality of the human environment) ❑ Finding of Significant Impact (The project may significantly affect the quality of the human environment) Preparer Signature: Title/Agency: Erica Haugen Com Certifying Officer Signature: Title/Agency: Roy Date: unity Development Specialist City of Dubuque, Iowa Date:��% (Mayor, Dubuque IA Page 3 of 6 Environmental Review Record FY 2016 REQUIREMENTS listed at 24 CFR 58.6 PROJECT NAME: Phoenix Housing Continuum of Care Program Retain this form in the ERR of the subject project. 1. AIRPORT RUNWAY PROTECTION ZONE/CLEAR ZONE NOTIFICATION (24 C.F.R. Part 51.303(a)(3)] Does the project involve the sale or acquisition of property located within a Civil Airport's Runway Protection Zone or a Military Airfield's Clear Zone? (x) No. Cite or attach Source Document: Attached City of Dubuque Airport: Runway Protection Zones Map (Project complies with 24 CFR 51.303(a)(3).) ( ) Yes. Notice must be provided to buyer. The notice must advise the buyer that the property is in a Runway Protection Zone or Clear Zone, what the implications of such a location are, and that there is a possibility that the property may, at a later date, be acquired by the airport operator. The buyer must sign a statement acknowledging receipt of this information, and a copy of the signed notice must be maintained in this ERR. 2. COASTAL BARRIERS RESOURCES ACT [Coastal Barrier Improvement Act of 1990(16 U.S.C. 3501)] Is the project located in a coastal barrier resource area? (X) No. Cite or attach Source Document: No CBRA in MO/KS/NE/IA http://www.fema.gov/nfip/cobra.shtm (Proceed with project.) ( ) Yes. Federal assistance may not be used in such an area. 3. FLOOD DISASTER PROTECTION ACT [Flood Disaster Protection Act of 1973, as amended(42 U.S.C. 4001-4128)] Does the project involve acquisition, construction or rehabilitation of structures located in a FEMA identified Special Flood Hazard Area? (X) No. Cite or attach Source Document: Current FEMA FEMA Map Service Center website at https:Hmsc.fema.gov .. Flood Insurance Rate Maps Numbers: 19061C0360E, 19061C0358E, 19061C0356E, 19061C0354E, 19061C0352E, 19061 C0351 E, 19061 C0335E, 19061 C0332E, 19061 C0330E, 19061 CO244E, 19061 CO243E, 19061 CO242E; 19061 CO241 E, 19061 CO239E, 19061 CO238E, 19061 CO237E, 19061 CO236E, 19061 CO220E; 19061 CO217E; 19061 CO215E (Proceed with project.) ( ) Yes. Cite or attach Source Document: Is the community participating in the National Insurance Program (or has less than one year passed since FEMA notification of Special Flood Hazards)? ( ) Yes. Flood Insurance under the National Flood Insurance Program must be obtained. If HUD assistance is provided as a grant, insurance must be maintained for the economic life of the project and in the amount of the total project cost (or up to the maximum allowable coverage, whichever is less). If HUD assistance is provided as a loan, insurance must be maintained for the term of the loan and in the amount of the loan (or up to maximum allowable coverage, whichever is less). A copy of the flood insurance policy declaration must be kept on file in the ERR. ( ) No. Federal assistance may not be used in the Special Flood Hazards Area. Page 4 of 6 Environmental Review Record FY 2016 ENVIRONMENTAL REVIEW RECORD CITY OF DUBUQUE ONE-YEAR ACTION PLAN PROGRAM YEAR 2016 (FISCAL YEAR 2017) The City of Dubuque will direct the use of Continuum of Care funds for Fiscal Year 2017, from July 1 , 2016 to June 30, 2017, to meet the following objectives: 1 . Programs to ensure safe, sanitary and affordable housing opportunities for the homeless. 2. Administration and oversight of activities to deliver Continuum of Care programs. The following is a list of activities to be completed as part of the Fiscal Year 2017 Phoenix Housing Continuum of Care program and the environmental findings on each activity. All projects determined to be categorically excluded under NEPA (National Environmental Protection Agency) but subject to review under authorities listed in 24CFR58.5 have been or will be assessed as per the Statutory Checklist in regard to regulatory compliance. No funds for site-specific projects, as identified, will be committed prior to completion of a review for the other related laws of 24CFR58.5 and resulting Finding of No Significant Impact, if necessary. See attached files for Section 58.5 and 58.6 checklists. Only sites that require no formal mitigation and convert to exempt will be selected for rental assistance. Strategy for Tiered Environmental Reviews and Assessments The City of Dubuque Iowa will annually review and analyze all projects funded with Continuum of Care funds to evaluate their impact on the environment. A tiered review will be completed for the sponsor-based rental assistance portion of the grant, and individual site- specific environmental reviews will be completed as required. Site specific environmental review will be completed for all of the following projects: Sponsor-based rental assistance and rental assistance. The site-specific environmental review process for the Continuum of Care program requires completion of the statutory and regulatory checklists. Upon completion of the review by the housing inspector, the housing case worker will be notified for final review and sign off of the site-specific statutory and regulatory checklists. Only sites that require no formal mitigation and convert to exempt will be selected for rental assistance. Page 5 of 6 Environmental Review Record FY 2016 ENVIRONMENTAL REVIEW FINDINGS A. Phoenix Housing Shelter Plus Care Program 1. Administration: This program leases rental units and sub-lets them to participants. Administration includes support for general management of the program, including processing of rent payments, tenant Activity exempt under 24 CFR Part 58.34(a) (3) 2. Rental Assistance: This program provides sponsor based rental assistance. Rental assistance is provided property owners of units leased by program sponsor agency and then sub-let to program participants. Activity categorically excluded under 24 CFR Part 58.35 (a)3(i) but subject to compliance with Federal related laws and authorities outlined in 24 CFR 58.5. Statutory Checklist included in individual site file. /'�A�I June 9, 2016 Signe nvironmental Review Officer Date Erica Haugen, Community Development Specialist Page 6 of 6