Notice of Intent to Request Release of Funds
April 27, 2022
City of Cleveland
Department of Community Development
601 Lakeside Ave., Room 320
Cleveland, OH 44114
(216) 664-4000
On or about May 5, 2022, the City of Cleveland will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of the Lead-Based Paint Hazard Control Grant Program (LBPHC) is authorized Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992, 42 U.S.C. 4852) and funding is provided by the Consolidated Appropriations Act, 2021, approved December 27, 2020 (Public Law 116-260), and the Further Consolidated Appropriations Act 2020, approved December 20, 2019, (Public Law 116-94). The Healthy Homes Supplemental funding is authorized under Section 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-2), with funding approved by the same Appropriations Acts, and Community Development Block Grant (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), for the following multi-year program/project:
The Lead Hazard Control Grant includes both soft and hard components of a project, and include outreach, application intake, determination of client eligibility, specification writing, completion of Lead Inspection Risk Assessments (LIRA), lead hazard reduction work, rehabilitation activities and lead clearance of all project sites. The City of Cleveland partners with third party agencies for outreach and application intake. The City will execute all LIRAs, specification writing, lead reduction work and clearance of project sites. All projects will occur on existing residential structures, and will not include any demolition or footprint expansion. Lead reduction and rehabilitation activities include, but are not limited to re-seeding areas of bare soil; tree and shrub trimming, replacing concrete or asphalt walkways and driveways; partial or full replacement or installation of siding; partial or full replacement of porch, roof, plumbing or electrical systems; partial or full replacement of porch, roof, plumbing or electrical system components; partial or full replacement or installation of windows or storm windows; relocation of electrical panel; partial or full replacement or installation of exterior doors or storm doors; partial or full replacement of interior doors; partial or full replacement of drywall or paneling; partial or full replacement or installation of acoustical or drop ceiling panels; partial or full replacement of flooring materials; partial or full replacement of stair systems; partial or full replacement of plumbing fixtures; substantial rehabilitation of kitchen or bathroom system; replacement of heat distribution system; replacement or installation of central air conditioning system; installation of enclosure systems; installation of encapsulation systems; paint stabilization; tuckpointing; installation of carbon monoxide detectors and smoke detectors; finish carpentry; pest management; site cleaning; partial or full replacement of gutters and/or downspouts, radon testing and necessary radon remediation.
Total project benchmarks are: 240 units undergo lead hazard control interventions, 290 LIRAs completed, 55 outreach/education events reaching 7,500 Cleveland residents and increase lead contractor capacity by providing training and certification to 75 community residents and contractors.
Funding for each activity will be sourced from Community Development Block Grant and the Office of Lead Hazard Control and the Healthy Homes Lead Hazard Reduction Program grant. Maximum funding per unit will be $20,000. The average cost per project will be $13,000.
The time of performance for this grant is March 1, 2022 to September 1, 2025.
The City of Cleveland is requesting the release of $5,700,000 in Lead Hazard Reduction Demonstration monies, $700,000 in Healthy Homes monies, and $800,000 in Community Development Block Grant monies.
The proposed hazard control activities to be funded under this program is 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(s) listed above. Other applicable environmental laws and authorities will be complied with, when individual projects are ripe for review. Specifically, the target area(s) has/have been studied and compliance with the following laws and authorities has been achieved in this Tier 1 review: Airport Hazards, Coastal Barrier Resources Act, Air Quality, Coastal Zone Management Act, Endangered Species Act, Explosive and Flammable Hazards, Farmlands Protection, Sole Source Aquifers, Wetlands Protection, wild and Scenic Rivers Act and Environmental Justice. Site-specific environmental reviews will include compliance with the following environmental laws and authorities for proposed projects funded under the program(s) listed above: Flood Insurance, Contamination and Toxic Substances, Floodplain Management, Historic Preservation and Noise Abatement and Control. 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.
An Environmental Review Record (ERR) that documents the environmental determinations for this project, and more fully describes the tiered review process cited above, is on file at 601 Lakeside Ave., Room 320, Cleveland, OH 44114. You may review this document by making an appointment at (216) 664-4094, or you may review it at HUD’s Environmental Review Records page:
https://www.hudexchange.info/programs/environmental-review/environmental...
And the city of Cleveland, Department of Community Development website:
https://www.clevelandohio.gov/CityofCleveland/Home/Government/CityAgenci...
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to the City of Cleveland. All comments received by May 5, 2022 will be considered by the City of Cleveland prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD.
RELEASE OF FUNDS
The City of Cleveland certifies to HUD that Martin Bielat, in his official 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 approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows City of Cleveland to utilize federal funds and implement the Program.
OBJECTIONS TO RELEASE OF FUNDS
HUD will consider objections to its release of funds and the City of Cleveland’s certification for a period of fifteen days following either the anticipated submission date or HUD’s actual receipt of the request (whichever is later) only if the objections are on one of the following bases: (a) that the Certification was not executed by the Certifying Officer of the (cite grantee/RE); (b) the (cite grantee/RE) has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the (cite grantee/RE) has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; (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 in accordance with the required procedures (24 CFR Part 58), and may be addressed to HUD and sent to the email address as follows: Karen M. Griego, Office of Lead Hazard Control and Healthy Homes, Program Environmental Clearance Officer, U.S. Department of Housing and Urban Development LeadRegulations@HUD.GOV Potential objectors may contact HUD directly to verify the actual last day of the objection/comment period.
Justin M. Bibb, Mayor
City of Cleveland
Martin Bielat
Compliance Manager
City of Cleveland Department of Community Development