Notice of Intent to Request Release of Funds

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR TIERED PROJECTS AND PROGRAMS June 12, 2020; City of Dayton, Ohio; 101 W. Third Street, Dayton, Ohio, 45402; (937) 333-3670 On or after June 20, 2020, the City of Dayton, Ohio (City) will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Community Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of 1974, as amended, to undertake the following project: Tier 1 Broad Review Project/Program Title: The Phoenix Home Improvement Program (Program). Purpose: The purpose of the Program is to support the Consolidated Plan and Action Plan goals of stabilizing housing and supporting homeowners by making improvements to the homes of aging and low-to-moderate income homeowners. Location: Program activities are limited to eligible properties within the boundaries of the Phoenix target area. Project/Program Description: The Program will provide exterior home repair forgivable grants and will result in exterior home repairs and accessibility modifications for approximately 20 low-to moderate-income homeowners in the target area. Tier 2 site specific reviews will be completed for the laws and authorities not addressed in the Tier 1 broad review for each address under this program as those addresses become known. Level of Environmental Review Citation: These program activities are Categorically Excluded per 24 CFR 58.35(a)(2), (a)(3), and (a)(6). Tier 2 Site Specific Review: The site specific reviews will cover the following laws and authorities not addressed in the Tier 1 broad review: 24 CFR 50.3(i) & 58.5(i)(2) and the National Historic Preservation Act of 1966, particularly sections 106 & 110; 36 CFR Part 800. Mitigation Measures/ Conditions/ Permits: For each site, a Tier 2 Review of individual sites will examine each site for compliance with the contamination and toxic substances factor, including a lead based paint and asbestos inspection of each project location and a determination of abatement actions if necessary. Tier 2 Reviews of individual sites will use the COD Protection of Historic Properties Form and site activities will comply with the Programmatic Agreement between City of Dayton and the Ohio State Historic Preservation Office. Estimated Project Cost: The total estimated program cost is $233,000.00 in CDBG funds. The activity/activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements per 24 CFR 58.35(a)(2), (a)(3), and (a)(6). An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at https://www.hudexchange.info/ programs/environmental-review/ environmental-review-records/ and is available for examination and review. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the City of Dayton, Department of Planning & Community Development, 101 West Third Street, Dayton, Ohio, 45402. All comments received by June 20, 2020, will be considered by the City of Dayton, Ohio, prior to authorizing submission of a request for release of funds. ENVIRONMENTAL CERTIFICATION The City of Dayton certifies to HUD that Shelley Dickstein, Certifying Officer, in her capacity as City Manager 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 the City of Dayton to use HUD program funds. OBJECTIONS TO RELEASE OF FUNDS HUD will accept objections to its release of fund and the City of Dayton'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 Dayton; (b) the City of Dayton 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 in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to HUD at their Columbus Area CPD office, located at 200 North High Street, Columbus, Ohio 43215; Potential objectors should contact HUD to verify the actual last day of the objection period. Todd M Kinskey, Director, Planning and Community Development Department 101 W. Third Street, Dayton, Ohio 45402 6-12/2020