Notice of Intent - Release of Funds

NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR TIERED PROJECTS AND PROGRAMS

Date of Publication: October 13, 2020. City of Biddeford, 205 Main St Biddeford, ME 04005. 207-284-9115/ gail.wilkerson@biddefordmaine.org

 

On or after October 21, 2020, City of Biddeford will submit a request to the HUD Community Planning & Development Office in Washington, DC, for the release of Community Development Block Grant funds under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C.-530.1 et seq. to undertake the following project: Tier 1 Broad Review Project/Program Title: 2- to 4-Unit Owner-Occupied Housing Rehab ProgramPurpose: To improve and preserve existing and create new quality homeowner-occupied 2- to 4-unit rental housing that is affordable to low/moderate income households in the downtown area of the City; to encourage investment in neighborhoods targeted for revitalization; and to leverage homeowners’ private investment. Location: US Census Tracts 252.01 and 252.02, which are home to the majority of 2- to 4-unit buildings and low/moderate income households in the City. Specific addresses will be assessed in site-specific reviews. Project/Program Description: The program will offer 0%-interest, 10-year deferred/forgivable loans for up to $60,000 per property to eligible owner-occupants who perform necessary (non-luxury) rehab, including structural/health/safety and energy efficiency upgrades, to make the property and rental units safe and affordable to low/moderate income tenants. 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 58.35(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: Contamination and Toxic Substances [24 CFR 50.3(i) & 58.5(i)(2)]; Explosive and Flammable Hazards [24 CFR Part 51 Subpart C]; Floodplain Management [Executive Order 11988, particularly section 2(a); 24 CFR Part 55]; and Historic Preservation [National Historic Preservation Act of 1966, particularly sections 106 & 110; 36 CFR Part 800]. Mitigation Measures/Conditions/Permits (if any): For each of the laws and authorities listed in the Tier 2 site-specific review, issues will be addressed as follows: Contamination and Toxic Substances will be assessed and as reasonable and within the program budget, mitigated according to EPA and State DEP standards or else will not be subject to funding; above-ground explosive and flammable hazards will be mitigated, where reasonable and within the program budget, or else will not be subject to funding; properties in a floodplain will not be subject to funding; and properties subject to historic preservation will be rehabbed in accordance with Federal/state/city historic preservation parameters, as reasonable and within the program budget, or else will not be subject to funding. Estimated Project Cost: HUD funding of $450,000 with State matching funds of $300,000 for a total estimated project cost of $750,000. The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements per 24 CFR Part 58.35(a)(3)(i). An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at City of Biddeford Housing Programs Office, City Hall, 205 Main St Biddeford, where the record is available for review and may be examined or copied at https://www.hudexchange.info/programs/environmental-review/environmental-review-records/

PUBLIC COMMENTS. Any individual, group, or agency may submit written comments on the ERR to City of Biddeford’s Housing Programs Office, City Hall, 205 Main St. Biddeford, ME 04005. All comments received by 4 PM on October 21, 2020 will be considered by City of Biddeford prior to authorizing submission of a request for release of funds. 

ENVIRONMENTAL CERTIFICATION. City of Biddeford certifies to HUD that James Bennett, Certifying Officer, in his capacity as City Managerconsents 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 Biddeford to use HUD program funds. 

OBJECTIONS TO RELEASE OF FUNDS. HUD will accept objections to its release of fund and City of Biddeford’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 City of Biddeford; (b) City of Biddeford 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 the HUD Assistant Secretary for Community Planning and Development at 451 7th Street SW Washington, DC  20410-7000Potential objectors should contact HUD to verify the actual last day of the objection period. 

 

James Bennett, City Manager, Certifying Officer