NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
TIERED REVIEW

October 25, 2024

City of Baltimore – Department of Housing & Community Development
417 East Fayette Street, Suite 1101
Baltimore, MD 21202
410.396.1228

On or about November 5, 2024, the City of Baltimore will authorize the City of Baltimore’s Department of Housing & Community Development (DHCD) to submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of  Healthy Homes and Weatherization Cooperation Demonstration Grant (HHWCD) Program funds under the Consolidated Appropriations Act, as amended,  for the following multi-year program/project:  City of Baltimore Healthy Homes and Weatherization Cooperation Demonstration Grant Program to undertake the following project activities: to complete whole house interventions in the homes of 65 low income families and seniors in Baltimore City. DHCD and its Program partners have developed a dynamic program model for the integration of comprehensive lead hazard reduction, healthy housing interventions and weatherization strategies to create lead safe, healthy, and energy efficient homes for low-income families in Baltimore's most at risk communities. DHCD as the lead participant on the grant that will combine HUD OLHCHH Lead Hazard Reduction and DOE Weatherization Assistance Programs (WAI)), $2,661 ,855 in leverage funding including $1,720,609 in LHR Lead and Healthy Homes Supplemental grant intervention funds, $703,475 DOE WAP intervention funds and $237,771 in state, city and GHHI funds. The City of Baltimore is requesting the release of $1,000,000 of HUD HHWCD funds for the implementation of HHWCD Program activities, for which the grant period concludes - March 2025. 

The proposed lead hazard reduction, healthy homes and weatherization activities to be funded under this 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 project locations are ripe for review. Specifically, the target area has been studied and compliance with the following laws and authorities have been established in this Tier 1 review:  Airport Hazard, Coastal Barriers Resource Act, Farmlands Protection Act, Endangered Species Act, Sole Source Aquifer, Wild & Scenic Rivers Act, Floodplain Management, Noise and Wetlands.  In the Tiered 2 review, compliance with the following environmental laws and authorities will take place for proposed projects funded under the program(s) listed above:  Contamination and Toxics Substances, Historic Preservation requirements. 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 Tier I review compliance documentation worksheets are available at the address below.

The Tier I 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 the City of Baltimore - Department of Housing & Community Development (DHCD) office – 417 East Fayette Street, Suite 1101, Baltimore, MD 21202. Copies of the Tier I ERR may be requested via email at Joseph.Connor@baltimorecity.gov.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to City of Baltimore - Department of Housing & Community Development (DHCD) Office, 417 East Fayette Street, Suite 1101, Baltimore, MD 21202.  All comments received by November 4, 2024, will be considered by City of Baltimore - Department of Housing & Community Development office prior to authorizing submission of a Request for Release of Funds and Environmental Certification to HUD.

RELEASE OF FUNDS

The City of Baltimore certifies to HUD that Alice Kennedy, in her official capacity as Commissioner of the City of Baltimore - Department of Housing & Community Development (DHCD) 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 Baltimore - Department of Housing & Community Development (DHCD) to utilize federal funds and implement the Program.

OBJECTIONS TO RELEASE OF FUNDS

HUD will consider objections to its release of funds and City of Baltimore - Department of Housing & Community Development (DHCD)  certification for a period of fifteen days following either the anticipated submission date (cited in first paragraph) 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 Baltimore; (b) the City of Baltimore 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 Baltimore 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 and sent to HUD as follows:  OLHCHHPECOS@hud.gov  Potential objectors may contact HUD directly to verify the actual last day of the objection/comment period.

Alice Kennedy
Commissioner - City of Baltimore (DHCD)
Certifying Officer 

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