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Notice of Finding of No Signficant Impact

NOTICE OF FINDING OF NO SIGNFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR TIERED PROJECTS AND PROGRAMS September 3, 2023, City of Dayton Ohio, 101 West Third Street, P.O. Box 22, Dayton, OH 45402; 937-333-3810; These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Dayton. REQUEST FOR RELEASE OF FUNDS On or about, but not before, September 14, 2023 the City of Dayton, OH will submit requests to the U.S. Housing and Urban Development (HUD) for the release of Community Project Funding (CPF) funds under the Consolidated Appropriations Act, 2023, (P.L. 117-328), as amended to undertake the following project: Tier 1 Broad Review Project/Program Title: Project Plymouth Site Assembly and Acquisition Purpose: Acquisition, assembly, and clearance of strategically located sites to serve as shovel-ready sites for speculative development. Location: Sixty-plus acres located within the Arlington Heights, Lakeview, and Pineview neighborhoods. Project/Program Description: The project consists of acquisition, assembly, and clearance strategically located sites to prepare to be shovel-ready sites for future speculative development. 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: Environmental Assessment under 24 CFR Part 58 subpart E. 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 and Historic Preservation. Mitigation Measures/ Conditions/Permits (if any): Licensed personnel will inspect each site to identify any hazardous conditions and materials on-site or nearby that could affect the health and safety of project occupants or conflict with the intended use of the property. A Protection of Historic Properties Form will be utilized to ensure that no project activities will affect Historic Properties. Estimated Project Cost: Total project cost is $3,000,000.00 which includes $3,000,000.00 in Community Project Funding funds. FINDING OF NO SIGNIFICANT IMPACT The activity/activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements per subpart E. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file the Department of Planning, Neighborhoods, and Development, 101 W. Third Street, Dayton, OH 45402 and may be examined or copied weekdays 8:00 AM to 5:00 PM or at programs/environmental-review/ environmental-review-records/. PUBLIC COMMENTS Any individual, group, or agency may submit either electronic or written comments on the ERR. Electronic comments may be emailed to Written comments may be mailed to Jordan Bereda, Department of Planning, Neighborhoods, and Development, 101 W. Third Street, Dayton, Ohio, 45402. All comments received by midnight, September 13, 2023, will be considered by the City of Dayton prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing. ENVIRONMENTAL CERTIFICATION The City of Dayton Ohio certifies to HUD that Shelley Dickstein 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 funds 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 via email in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to CPD Director, HUD Columbus Field Office at this address: Comments directed to HUD should include "ER Objection- Project Plymouth Site Assembly and Acquisition" in the email subject line. Potential objectors should contact to verify the actual last day of the objection period. Todd M Kinskey, Director, Planning, Neighborhoods, and Development Department, 101 W. Third Street, Dayton, Ohio 45402 9-3/2023
September 3, 2023
October 2, 2023
September 24, 2023 9:25am