Notice of Intent to Request Release of Funds

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR TIERED PROJECTS AND PROGRAMS PY22 thru PY26 Date of Publication: November 22, 2022 City of Kettering 3600 Shroyer Road Kettering, Ohio 45429 937-296-2441 On or after November 30, 2022 the City of Kettering will submit a request to the HUD Columbus Field Office for the release of Community Development Block Grant funds under Title I of the Housing and Community Development Act of 1974 (PL93-383)as amended, to undertake the following projects: Tier 1 Broad Review Project/Program Title: Owner-Occupied Housing Rehabilitation Program Purpose: To assist low/mod income owner-occupied households with home improvements that address health, safety, energy efficiency issues as well as handicapped accessibility, lead paint abatement and emergency home repair. Location: Citywide Project/Program Description: The Owner-Occupied Housing Rehabilitation Program offers grants, deferred payment no-interest loans as well as no interest payment loans to low to moderate income owner-occupants of single family properties in need of rehabilitation. The program will provide assistance to homeowners in need of home repairs, safety, building/health code violation repairs, and/or other repairs in order to improve the safety, accessibility, and energy efficiency of their home. Tier 2 site specific reviews will be completed for those laws and authorities not addressed in the tier 1 broad review for each address under this program when addresses become known. Level of Environmental Review Citation: 24 CFR Part 58.5(a)(3)(i) Tier 2 Site Specific Review: The site specific reviews will cover the following laws and authorities not addressed in the Tier 1 broad review: Floodplain Management - Executive Order 11988, particularly section 2(a); 24 CFR Part 55; Historic Preservation - National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800; Contamination and Toxic Substances 24 CFR 50.3(i) & 58.5(i)(2). Mitigation Measures / Conditions / Permits (if any): Floodplain Management: FEMA.gov will be accessed for creation of a FIRMette for the project parcel. If the parcel is located in a Special Flood Hazard Area, the project will be approved with the condition "Flood Insurance under the NFIP must be obtained and maintained for the economic life of the activity to cover the total activity cost". Historic Preservation: The city of Kettering has a programmatic agreement with the Ohio Historic preservation office. The scope of work for each address will be checked against the programmatic agreement. If the work to be done falls outside of that agreement, a section 106 review will be completed. The city will only approve projects that have no adverse effect on historic properties or that have a signed Memorandum of Agreement or Standard Mitigation Measures Agreement in the case of an adverse effect. Contamination and Toxic Substances: As the client application is reviewed, the age of housing is noted. If the home is older than 1978, the client is advised of potential lead based paint hazards and provided with verbal information and pamphlets. Once approved for assistance, a licensed lead inspector will perform a lead assessment inspection. If lead based paint is identified, owners will be instructed on safe ways to clean and maintain their homes. Abatement requirements, if any, will be explained. If the homeowner chooses to participate in the program, all lead hazards will be removed or controlled. Estimated Project Cost: $3,750,000 Tier 1 Broad Review Project/Program Title: Demolition Purpose: To remove unsafe and blighted housing structures from our community. Location: Citywide Project/Program Description: The City's CDBG Demolition program will demolish one to two blighted properties per year over the next five years. These properties will be selected based on the blighting influence on the areas, and will be chosen community-wide on the basis of spot blight. The project sites will not require acquisition. The primary purpose of this project is not redevelopment but to eliminate spot blight. Tier 2 site specific reviews will be completed for those laws and authorities not addressed in the tier 1 broad review for each address under this program when addresses become known. Level of Environmental Review Citation: 24 CFR Part 58.5(a)(3)(i) Tier 2 Site Specific Review: The site specific reviews will cover the following laws and authorities not addressed in the Tier 1 broad review: Historic Preservation - National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800; Contamination and Toxic Substances 24 CFR 50.3(i) & 58.5(i)(2). Mitigation Measures/Conditions/Permits (if any): Historic Preservation: When the property is selected, the age of the home is noted. If the home is 50 years or older, a section 106 review will be completed. The city will only move forward with demolition where the project would have no adverse effect on historic properties or that have a signed Memorandum of Agreement or Standard Mitigation Measures Agreement in the case of an adverse effect. Contamination and Toxic Substances: As the property to be demolished is selected, an asbestos survey will be completed. The city currently has a contract to do environmental assessments on properties slated for demolition. If toxic substances are found to be on the property, the city will contract with a licensed abatement professional to remove the substance safely. Estimated Project Cost: $75,000 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 Part 58.5(a)(3)(i) & (ii). An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at Planning and Development office, City of Kettering 3600 Shroyer Road, Kettering OH, 45429 and may be examined or copied 8:00 A.M to 5:00 P.M., Monday Friday PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the City of Kettering, Planning and Development Department, 3600 Shroyer Rd, Kettering, OH 45429 or email angela.rahman@ketteringoh.org. All comments received by November 29, 2022 will be considered by the City of Kettering prior to authorizing submission of a request for release of funds. ENVIRONMENTAL CERTIFICATION The City of Kettering certifies to HUD, Columbus Field Office that Mark Schwieterman, Certifying Officer, in his 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, Columbus Field Office approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the City of Kettering to use HUD program funds. OBJECTIONS TO RELEASE OF FUNDS HUD, Columbus Field Office will accept objections to its release of fund and the City of Kettering'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 Kettering; (b) the RE 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, Columbus Field Office; 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, Columbus Field Office at CPDColumbusRROF@hud.gov Potential objectors should contact HUD, Columbus Field Office to verify the actual last day of the objection period. Mark Schwieterman, City Manager (Certifying Officer) 11-22/2022