June 11, 2012
Notice of Intent to Request Release of Funds
On or about June 26, 2012, the City of San Diego will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Lead-Based Paint Hazard Control Grant Program funds, authorized by Sec. 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of the Housing and Community Development Act of 1992), Public Law 102-550, and funding approved and provided through the 2012 Appropriations Act, Public Law 112-55 for the following multi-year program/project: Lead-Based Paint Hazard Control, for the purpose of eliminating lead hazards within the City of San Diego in privately-owned single-family and multi-family residential units where children under the age of six reside and to perform other healthy homes remediation. The City of San Diego, through its Housing Commission, is requesting the release of $2,480,000 in Federal assistance during the period June 2012 through May 2015. An additional $595,000 in state, local and other funds will be used to match the Federal assistance.
The proposed hazard control activities to be funded under this/these program(s) is/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(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 have been established in this Tier 1 review: Floodplain Management, Coastal Barriers Resource Act, and Coastal Zone Management Act. In the Tiered 2 review, compliance with the following environmental laws and authorities will take place for proposed projects funded under the program(s) listed above: Historic Preservation, National Flood Insurance Program requirements, Explosive & Flammable Operations, toxics/hazardous materials. 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 the San Diego Housing Commission (SDHC), 1122 Broadway Avenue, Suite 300, San Diego, CA 92101 and may be examined or copied during Housing Commission business days between the hours of 7:00 a.m. to5:00 p.m.
Public Comments
Any individual, group, or agency may submit written comments on the ERR to SDHC, 1122 Broadway Avenue, San Diego, CA 92101, Attn: Rick Vincent, 619-578-7518, or rickv@sdhc.org. All comments received by June 22, 2012, will be considered by the City of San Diego prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD.
Release of Funds
The City of San Diego certifies to HUD that Beth Murray in her official capacity as Deputy Director 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 San Diego 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 San Diego certification for a period of 15 days following either the anticipated submission date (cited above) 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 City of San Diego; (b) the City of San Diego has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the City of San Diego 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 as follows: Karen M. Griego, Office of Healthy Homes and Lead Hazard Control Program Environmental Clearance Officer, U.S. Department of Housing and Urban Development, 611 West 6thStreet, Suite 801, Los Angeles, CA 90017. Potential objectors may contact HUD directly to verify the actual last day of the objection/comment period.
