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09. Feb, 2012 0 Comments

February 9, 2012

The City of Moody

PO Box 68

Moody TX, 76887-0068

254-853-2314

TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS:

On or about February 20, 2012 the City of Moody will request the Texas Department of Housing and Community Affairs to release HOME Investment Partnership Program funds under Title II of the National Affordable Housing Act of 1990, as amended, for the following project: Owner Occupied Rehabilitation/Reconstruction of three to twelve homes in the City of Moody, HOME Contract/RSP Agreement 1001445.

A Project Description has been completed for this project. The Responsible Entity has determined that this project will be tiered. All of the project addresses are not known. The project will be classified under Certification of Categorical Exclusion (subject to 58.5) 24 CFR 58.35(a). A tiered project allows the analysis to be completed on a geographic area to address environmental impacts that might occur, or not occur, on a typical site within the area. This broad review of the geographical area will make it so the compliance factors listed will not have to be repeated on a site specific basis once eligible applicants are known. No construction work will be begun until all levels of this tiered review are completed.

Level 1 or Broad Review

Characteristics of the targeted area

Established residential sites

Schools, Churches, Hospitals, Transportation, etc. are available in the area.

Small town atmosphere

The geographic area is defined as within the city limits of Moody.

Targeted population

Individuals and families living in sub-standard housing

Elderly citizens

Physically or mentally challenged individuals

Limitations of the project

Assistance will be given to five (5) individuals or families

The project is limited to $80,000 per assisted household.

This review will be carried out by the City of Moody’s grant consultant and will be completed by January 31, 2012.

The following compliance factors will be analyzed in this broad review

Wetland Protection

Coastal Zone Management Act

Safe Drinking Water Act

Sole Source Aquifers

Endangered Species Act

Wild & Scenic Rivers Act

Clean Air Act

Farmland Protection Policy Act

Environmental Justice

Notice of Intent/Request for Release of Funds will now be published for comment by the public. At the end of the comment period, a Request for the Release of Funds certification will be completed and submitted to TDCHA for the Federal objection period and then the issuing of the Authority to Use Grant Funds.

Level 2 or Site Specific Review

All five (5) eligible project activities have been identified. A site specific review will be carried out for each activity. A site specific checklist has been developed and the following compliance factors will be analyzed for each activity:

Historic Preservation

Floodplain Management

Noise Abatement & Control

Explosive and Flammable Operations

Toxic Chemicals and Radioactive Materials

Airport Clear Zones and Accident Potential Zones

If impacts that cannot be fully mitigated or corrected are identified during the site-specific review, then that site will be treated as a separate project, and the process of environmental review and publishing or posting notices will be carried out of that individual site.

If there are no impacts or impacts will be fully mitigated during construction on an individual site, then that project will proceed without further notice to the public. Each site specific checklist will be submitted to TDHCA for review.

Based on the Level 1 Broad Review, the activities proposed are categorically excluded (subject to Level 2 Site Specific review) under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act requirements. An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at the City of Moody, PO Box 68, Moody TX, 76887-0068, and may be examined or copied on weekdays Monday through Friday, 8:30 a.m. to 4:30 p.m.

PUBLIC COMMENTS ON FINDINGS (LOCAL COMMENT PERIOD):

Any individual, group, or agency may submit written comments to the City of Moody, PO Box 68, Moody TX, 76887-0068. All comments received by February 17, 2012, will be considered by the City of Moody prior to authorizing submission of a request for release of funds. Commenter should specify which part of this Notice he/she is addressing.

RELEASE OF FUNDS:

The City of Moody certifies to TDHCA that Mike Alton in his capacity as Mayor 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. TDHCA’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Moody to use Program Funds.

OBJECTIONS TO RELEASE OF FUNDS (FEDERAL COMMENT PERIOD):

TDHCA will consider objections to its approval of request for release of funds and the City of Moody certification if they are received by March 6, 2012, or a period of fifteen days from its 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 or other officer of the City of Moody approved by TDCHA; (b) the City of Moody 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 project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval or a release of funds by TDCHA; 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) and shall be addressed to the Texas Department of Housing and Community Affairs at P.O. Box 13941, Austin, TX 78711-3941. Potential objectors should contact TDHCA to verify the actual last day of the objection period.

Mike Alton

Mayor, City of Moody