The purpose of this notice is to identify two separate but related procedural requirements for an activity to be undertaken by the Dakota County Community Development Agency (Agency).
On or about Dec. 30, 2019, the above-named Agency on behalf of Dakota County, will submit a request to the Department of Housing and Urban Development (HUD) for the release of federal funds under Title I of the Housing and Community Development Act of 1974 (PL 93-383) for the following project:
Dakota County Community Development Block Grant (CDBG) funds:
- Rosemount Residential Rehabilitation
The above activity will be assessed on a site-by-site basis for compliance with the following statutes, executive orders and regulations:
- Flood Insurance: [Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a]]
- Contamination and Toxic Substances - Multifamily and Nonresidential Properties [24 CFR 50.3(i) & 58.5(i)(2)] (HUD Standard)
- Floodplain Management [Executive Order 11988, particularly section 2(a); 24 CFR Part 55]
- Historic Preservation [National Historic Preservation Act of 1966, particularly sections 106 & 110; 36 CFR Part 800]
- Noise Abatement and Control [Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B]
It has been determined that such request for release of funds will not constitute actions significantly impacting the quality of the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL 91-190) is not required.
Environmental Review Records (ERR), with respect to the above-mentioned project made by the Agency, document the environmental review of the project and more fully set forth the reasons why such statements are not required. These records are on file at the above address and are available for public examination between the hours of 8:00 am and 4:30 pm Monday through Friday. No further review of the project will be conducted prior to the request for release of funds.
Public comments on finding
All interested parties, groups, agencies and persons disagreeing with this determination or wishing to comment on the project may submit written comments for consideration by the Agency to the office of the undersigned and to specify in their comments as to which finding their comments are addressed. Such written comments should be received at the address specified on or before December 29, 2019. All such comments so received will be considered and the Agency will not request the release of funds or take any action on the project prior to the date specified.
Release of funds
The Agency is certifying to HUD that the Agency and the Director of Community and Economic Development, as Certifying Officer, consent to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision making, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon its approval, the Agency may use CDBG funds and HUD will have satisfied its responsibilities under the National Environmental Policy Act of 1969.
Objections to federal release of funds
HUD will accept objections to its approval of the release of funds and acceptance of the certification for a period of 15 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:
- The Certification was not in fact executed by the Certifying Officer or other grantee approved by HUD; or
- The Environmental Review Record for the project indicated included an omission of a required decision, finding, or step applicable to the project in the environmental review process; or
- The grant recipient has committed funds or incurred costs not authorized by 24 CFR Part 58 (environmental review process) before approval of the release of funds by HUD; or
- Another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory form the standpoint of environmental quality.
Objections must be prepared and submitted in accordance with the required procedure (24 CFR Part 58) and shall be addressed to HUD, 920 Second Avenue South, Suite 1300, Minneapolis, MN 55402.
Objections to the release of funds on a basis other than those stated above will not be considered by HUD. Potential objectors should contact the Minnesota HUD office to verify the actual last day of the objection period.