Notice of Intent to Request Release of Funds
May 17, 2021
Martin Bielat
City of Cleveland
Department of Community Development
601 Lakeside Ave., Room 320
Cleveland, OH 44114
216-664-4094
On or about May 25, 2021 after the end of the comment period the City of Cleveland, Department of Community Development will submit a request to the Department of Housing and Urban Development (HUD) for the release of CDBG funds under Section 212(a)(1) of Title II (42 U.S.C. 12701 et seq.) of the Cranston-Gonzalez National Affordable Housing Act (as amended),to undertake a project known as: CDC Administrative Contract. The program will provide single family rehabilitation work to private developers, home owners and vacant homes. Work to be performed may include, but is not limited to, carpentry, new siding or repair, new porch or repair, new roof system or repair and painting. The program will also provide code-related repairs needed to achieve full code compliance for residential structures. Over 416 units will be serviced throughout the City of Cleveland from 7/01/2021 to 6/30/2022. The City of Cleveland is requesting the release of $2,466,665.67.
The proposed activities to be funded under this program are categorically excluded from the National Environmental Policy Act requirements, but subject to compliance with some of the environmental laws and authorities listed at §58.5 of 24 CFR Part 58. In accordance with §58.15, a tiered review process has been structured, whereby some environmental laws and authorities have been reviewed and studied for the intended target area listed above. Other applicable environmental laws and authorities will be complied with, when individual projects are ripe for review. Specifically, the target area has been studied and compliance with the following laws and authorities has been achieved in this Tier 1 review: Airport Hazards [Clear Zones and Accident Potential Zones; 24 CFR Part 51 Subpart D], Coastal Barrier Resources [Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 [16 USC 3501]], Air Quality [Clean Air Act, as amended, particularly section 176(c) & (d); 40 CFR Parts 6, 51, 93], Coastal Zone Management [Coastal Zone Management Act, sections 307(c) & (d)], Endangered Species [Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402], Explosive and Flammable Hazards (Above-Ground Tanks)[24 CFR Part 51 Subpart C], Farmlands Protection [Farmland Protection Policy Act of 1981, particularly sections 1504(b) & 1541; 7 CFR Part 658], Sole Source Aquifers [Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149], Wetlands Protection [Executive Order 11990, particularly sections 2 & 5], Wild and Scenic Rivers [Wild and Scenic Rivers Act of 1968, particularly section 7(b) & (c)] and Environmental Justice [Executive Order 12898].
Site-specific environmental reviews will include compliance with the following environmental laws and authorities for proposed projects funded under the program listed above: Flood Insurance, [Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]], Contamination and Toxic Substances [24 CFR 50.3(i) & 58.5(i)(2)] (HUD Standard), Floodplain Management [Executive Order 11988, particularly section 2(a); 24 CFR Part 55], Historic Preservation [National Historic Preservation Act of 1966, particularly sections 106 & 110; 36 CFR Part 800] and the Noise Abatement and Control [Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B].
Should individual aggregate projects exceed the threshold for categorical exclusion detailed at §58.35(a), an Environmental Assessment will be completed and a separate Finding of No Significant Impact and Request for Release of Funds published. Copies of the compliance documentation worksheets are available at the address below.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to the City of Cleveland Community Development Department. All comments received by May 24, 2021 will be considered by City of Cleveland prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD. Additional project information is contained in the Environmental Review Record (ERR). The ERR will be made available to the public for review either electronically or by U.S. mail. Please submit your request by U.S. mail to Martin Bielat Compliance Manager, Department of Community Development, City of Cleveland 601 Lakeside Avenue, Room 320, Cleveland OH 44114 or by email to MBielat@ city.cleveland.oh.us. The ERR can be accessed online at the following website both HUD’s Environmental Review Records Page: https://www.hudexchange.info/programs/environmental-review/environmental... and the City of Cleveland Community Development Website: http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgen...
ENVIRONMENTAL CERTIFICATION
The City of Cleveland certifies to HUD that Martin Bielat, in his capacity as Compliance Manager of the Department of Community Development, consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s laws and authorities and allows the City of Cleveland to use Program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of fund and the City of Cleveland’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 Cleveland; (b) the City of Cleveland 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 or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; 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 must be prepared and submitted via email in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to Department of Housing and Urban Development, Columbus Field Office at CPD_COVID-19OEE-COL@hud.gov. Potential objectors should contact Department of Housing and Urban Development, Columbus Field Office via email to verify the actual last day of the objection period.
Frank G. Jackson, Mayor
City of Cleveland
Martin Bielat, Compliance Manager
City of Cleveland Department of Community Development
