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Published: Notice of Intent to Request Release of Funds

Mon, Jul 30th, 2012
Posted in All Legals

Small Cities Development Program

State of Minnesota

July 30, 2012

City of Lanesboro, 202 Parkway Avenue South, P.O. Box 333, Lanesboro, MN 55949


CEDA, 1500 South Hwy 52, P.O. Box 483, Chatfield, MN 55923, 507-867-3164


On or about August 7, 2012 the City of Lanesboro will request the Business and Community Development Division, Small Cities Development Program, Minnesota Department of Employment and Economic Development (DEED); to release federal funds under Title 1 of the Housing and Community Development Act of 1974, as amended (P.L. 98-181) for the following project:

Lanesboro Residential Owner-Occupied Rehab Project

Rehabilitation of 15 Owner Occupied Housing Units located within the city limits of Mabel and within a targeted housing district of Lanesboro.

Rehabilitation of 5 Commercial Units located within a targeted commercial slum & blight district of Lanesboro.

Maps are attached to the mailing for the targeted housing district in Lanesboro and the Slum & Blight District Maps for the commercial projects in Lanesboro. The activities being performed will be the preservation and rehabilitation of the above described projects using the Fix up Funds, Weatherization funds, commercial RLF’s and $449,000 of Small Cities Development Program grant dollars, including administration of the project. The project total is $549,386, including an estimated $100,386 of leverage funds.

The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act Requirements because the project will consist of minor rehabilitation on owner-occupied housing and commercial rehab. Unit density in the project area will not be increased by more than 20%, nor will land use be changed by the project. Submission procedures will be followed for State Historic Preservation and interested Tribes, if required. If needed, a “finding of no adverse effect” will be completed before commitment of funds for individual projects. The Section 106 historic process may require additional publications. A small portion of the housing project area is in a regulatory floodplain but not in a wetland. Individual rehabilitation projects will be evaluated to see if they are located on/near a site that contains hazardous material that could affect the health and safety of occupants. In addition, individual properties will be evaluated for toxic hazards, which will be remediated if possible. An Environmental Review Record (ERR) respecting this project has been made by the city of Lanesboro that documents the environmental review of the project. This ERR is on file at the preparing agency – CEDA, 1500 South Hwy 52, PO Box 483, Chatfield, MN 55923, and is available for public examination and copying, upon request, weekdays between the hours of 8 a.m. and 4:30 p.m.

In accordance with 24 CFR Part 58.15, a tiered review process has been structured for the rehabilitation, whereby some environmental laws and authorities have been reviewed for the target area and other applicable laws and authorities will be complied with, when participating properties have been identified and projects are ripe for review. Specifically, the target areas have been studied and compliance with the following laws and authorities has been established:

Wetland protection, sole source aquifers, endangered species, wild and scenic rivers, coastal zone management, air quality, farmlands protection, airport runway clear zone requirements, environmental justice and floodplain management.

In addition, pursuant to the National Historic Preservation Act, comments on the identification and treatment of historic properties of the project area are welcome.

Compliance with the following laws and authorities will take place once properties within the target area have been identified, but prior to the commitment of funds: historic properties, floodplain management/Flood Disaster Protection Act requirements and HUD environmental standards for hazards. Compliance documentation on the aforementioned laws and authorities will be in each individual property file, and copies will be available, once established at CEDA.

A small portion of Lanesboro’s housing target area is in the 100 year floodplain and floodplain insurance will be required for these projects. Rehabilitation of historic properties will be done in accordance with the Secretary of the Interior’s Standards for Rehabilitation in consultation with MnSHPO.

Public Comments on Request to Release Funds

Any individual, group or agency may submit written comments on the ERR to CEDA. All comments received by August 6, 2012, will be considered by the City of Lanesboro prior to submission of a Request for Release of Funds.

The City of Lanesboro will undertake the project described above with Block Grant funds from DEED, under Title 1 of the Housing and Community Development Act of 1974. The City of Lanesboro is certifying to DEED that the City of Lanesboro and Steven Rahn, in his official capacity as Mayor, 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 with approval, the City of Lanesboro may use the Block Grant funds, and DEED and HUD will have satisfied their responsibilities under the National Environmental Policy Act of 1969.

Objections to State Release of Funds

BCD will accept objections to its approval of the release of funds and acceptance of the certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only for one of the following reasons: (a) that the certification was not in fact executed by the Chief Executive Officer or other officer of the Grantee approved by BCD; (b) that the grantee’s ERR for the project indicates omission of a required decision, finding or step applicable to the project in the environmental review process; (c) the Grantee or its agents has incurred costs not authorized at 24 CFR Part 58.22 before approval of a release of funds by BCD; or (d) another Federal agency acting pursuant to 24 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 Tom Gast, Small Cities Development Program, MN Dept. of Employment and Economic Development, Business and Community Development Division, 1st National Bank Building, 332 Minnesota Street, Suite E200, St. Paul, MN 55101-1351. Potential objectors should contact DEED at 651-259-7462 to verify the actual last day of the objection period.

Steven Rahn, Mayor of Lanesboro

202 Parkway Avenue South, PO Box 333 Lanesboro, MN 55949

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