NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
Date of Notice: April 19, 2023
Name of Responsible Entity (RE): City of Biddeford
Address: 205 Main Street
City, State, Zip Code: Biddeford, ME 04005
Telephone: 207-571-0637
On or about April 27, 2023, the City of Biddeford will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of the FY 2022/2023 Lead Hazard Reduction Grant and Healthy Homes Supplemental funds. The Lead Hazard Reduction Grant is authorized by 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, 2022 (Public Law 117-103, enacted March 15, 2022), and prior year funding. The Healthy Homes Supplemental funding is authorized by Section 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-2) and funding is provided by the same Consolidated Appropriations Act and prior year funding. Grant details are as follows: The Lead-Safe Homes for Biddeford Program will use these HUD funds for the purpose of reducing lead hazards in 105 building units and making Healthy Homes improvements in 75 building units in the city of Biddeford, focusing on the US Census Tracts 252.01 and 252.02, and in partnership with subrecipient Coastal Healthy Communities Coalition at the University of New England, raising community awareness of the health dangers of deteriorating lead paint and demonstrating lead-safe cleaning practices in enrolled building units. The City of Biddeford is requesting the release of $3,192,210 in Lead Hazard Reduction funds and $361,875 of Healthy Homes Supplemental funds for a total of $3,554,085 in federal funds. City of Biddeford has committed $467,127.49 of match funds.
The proposed hazard control activities to be funded under the program 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 has been studied and compliance with the following laws and authorities has been achieved in this Tier 1 review: Airport Hazards, Coastal Barriers Resources, Air Quality, Coastal Zone Management, Endangered Species, Farmland Protections, Noise Abatement and Control, Sole Source Aquifers, Wetlands Protection, Wild and Scenic Rivers, and Environmental Justice. Site-specific environmental reviews will include analysis of and compliance with the following environmental laws and authorities for proposed projects funded under the program listed above: Flood Insurance, Historic Preservation, Contamination and Toxic Substances, Floodplain Management, and Explosive and Flammable Hazards. 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 City of Biddeford, Housing Office, 205 Main St, Biddeford, ME 04005 and may be examined or copied Monday through Thursday 8 a.m. to 4 p.m.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to the City of Biddeford, Housing Office, 205 Main St Biddeford, ME 04005. All comments received by April 26, 2023 will be considered by City of Biddeford prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD.
RELEASE OF FUNDS
The City of Biddeford certifies to HUD that Brian S. Phinney, in his official capacity as Chief Operating Officer, 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 Biddeford 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 Biddeford certification for a period of fifteen 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 Biddeford; (b) the 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 City of Biddeford 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.
Brian S. Phinney, Chief Operating Officer