NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR TIERED PROJECTS AND PROGRAMS
[March 10, 2024]
FloridaCommerce
Office of Long-Term Resiliency
107 E Madison Street
Tallahassee, FL 32399
(850) 921-3267
On or after March 25, 2024, FloridaCommerce will submit a request to the U.S. Department of Housing and Urban Development (HUD) for the release of Community Development Block Grant ? Disaster Recover (CDBG-DR) funds under Title I of the Housing and Community Development (HCD) Act of 1974, as amended, to undertake the following project under HUD grant number B-23-DN-12-0001:
Tier 1 Broad Level Review Project/Program Title: Hurricanes of 2022 Rebuild Florida Housing Repair and Replacement Program (HRRP).
Purpose: Providing disaster damaged-housing recovery to homeowners impacted by Hurricane Ian.
Location: Brevard, Charlotte, Collier, DeSoto, Flagler, Glades, Hardee, Hendry, Highlands, Hillsborough, Lake, Manatee, Monroe, Okeechobee, Osceola, Pinellas, Polk, Putnam, Seminole and St. Johns counties. Specific addresses will be addressed in the Site-Specific Reviews.
Project: Rebuild Florida HRRP will consist of one or more of the following activities:
Repair, reconstruction, or replacement of housing units damaged by the 2022 hurricanes, which may include code compliance and mitigation against future storm impacts, including elevation.
The completion of work to homes that have been partially repaired.
Relocation of manufactured, modular, and mobile homes impacted by the 2022 hurricanes to a previously developed mobile home lot with utilities already in place.
Temporary Housing Assistance based on individual homeowner needs and their participation in the HRRP.
Temporary Housing Assistance based on individual tenant needs and their participation in the HRRP.
Repairs to seawalls that were damaged by the 2022 hurricanes and are necessary to stabilize property and control erosion on a site also receiving assistance for home repair, reconstruction, or replacement.
FloridaCommerce may also consider providing reimbursement for repairs to housing units damaged by the 2022 hurricanes that were completed prior to the homeowner's application for the Rebuild Florida Program.
Tier 2 Site-Specific reviews will be completed for those laws and authorities not addressed in the Tier 1 Broad Level Review for each address under this program when addresses become known.
Level of Environmental Review Citation: 24 Code of Federal Regulations (CFR) Part 58.35(a)(3)(i) and (ii); (4)(i) and (ii); and (6).
Tier 2 Site Specific Review: Site-Specific Reviews will cover the following laws and authorities not addressed in the Tier 1 Broad Level Review: Historic Preservation, Floodplain Management, Wetlands Protection, Endangered Species, Noise Abatement and Control, Explosive and Flammable Facilities, Contamination and Toxic Substances, Airport Hazards, Flood Insurance, and Coastal Barrier Resource System.
Mitigation Measures/Conditions/Permits:
Historic Preservation: The HUD addendum to the Federal Emergency Management Agency (FEMA) Programmatic Agreement (PA) will be followed. Projects that cannot achieve compliance under the PA will be submitted to the State Historic Preservation Officer and tribal authorities for consultation.
Floodplain Management: Homes that will remain in the 100-year floodplain and undergo substantial improvement will be elevated. Homes located in the 100-year floodplain may also be relocated outside the floodplain within the owner's property. Mobile homes may be replaced with modular home units and elevated as required and/or relocated to an appropriate developed property outside the floodplain.
Wetlands Protection: Each home's proximity to wetlands will be determined based on a National Wetlands Inventory map. The U.S. Army Corps of Engineers (Corps) will be contacted and permits obtained prior to construction, as needed, if a project is located in a wetland. No new homes will be constructed in a designated wetland.
Endangered Species: The U.S. Fish and Wildlife Service (USFWS) has determined the proposed activities will "generally not affect" species protected under the Endangered Species Act. FloridaCommerce will use the USFWS Information for Planning and Conservation (IPaC) web portal to generate an official species list for each project. IPaC will be used to generate a Clearance to Proceed for any project activities that have not already received USFWS clearance, with further consultation with USFWS as needed. Consultation related to marine species will be conducted with the Corps for any in-water work.
Noise Abatement: Compliance will be documented for any projects which are not exempt, such as homes which undergo a substantial increase in size and mobile home units replaced with site-built homes. Local noise ordinances for construction will be followed.
Explosive and Flammable Hazards: Homes that will increase in size by more than 20 percent will undergo review for Acceptable Separation Distance from above ground storage tanks as required by HUD. All mobile homes will follow HUD requirements for mobile home units sited near hazardous operations.
Contamination and Toxic Substances: All project sites will be inspected for toxic and other waste that need to be removed. Regulatory databases will be reviewed for any possible contamination or toxic sites in surrounding areas. Asbestos and lead-based paint regulations will be followed for all rehabilitation and reconstruction projects.
Airport Hazards: No projects will be carried out on homes located within an Accident Potential Zone or Runway Protection Zone/Clear Zone.
Flood Insurance: All homes within the 100-year floodplain will be required to obtain and maintain flood insurance in perpetuity.
Coastal Barrier Resource System: No home located within the Coastal Barrier Resource System will be eligible to receive funding through the program without clearance from USFWS.
All required permits will be obtained prior to initiating construction activities.
Total HUD funding under the grant is $910,624,000.00; $542,962,194.10 is dedicated to the HRRP. Total estimated project cost is $542,962,194.10.
The activities proposed are categorically excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act (NEPA) requirements per 24 CFR Part 58.35(a)(3)(i) and (ii); (4)(i) and (ii); and (6). An Environmental Review Record (ERR) documenting the environmental determinations for this project is on file at the FloridaCommerce, Office of Long-Term Resiliency at the above listed address, and may be examined or copied weekdays 8:00 a.m. to 5:00 p.m., or upon request by contacting EnvironmentalReview@Commerce.fl.gov.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to the FloridaCommerce, Office of Long-Term Resiliency at the above listed address or at EnvironmentalReview@Commerce.fl.gov. All comments received by March 18, 2024, will be considered by FloridaCommerce prior to authorizing submission of a request for release of funds.
ENVIRONMENTAL CERTIFICATION
FloridaCommerce certifies to HUD that Justin R. Domer in his capacity as Director, and designated as the Certifying Officer, 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 FloridaCommerce to use program funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of funds and FloridaCommerce'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 FloridaCommerce; (b) FloridaCommerce 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 in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to the attention of William L. Bedford at disaster_recovery@hud.gov. Potential objectors should contact the FloridaCommerce, Office of Long-Term Resiliency to verify the actual last day of the objection period.
Justin R. Domer, Certifying Officer
Director, Office of Long-Term Resiliency
Publication Dates
L00000000