Legal Notice No. NTS2584
Public Notice
NOTICE OF INTENT TO REQUEST
RELEASE OF FUNDS
FOR TIERED PROJECTS AND PROGRAMS
Date of Publication: May 18, 2023
City of Westminster, an entitlement jurisdiction
under the Community Development Block Grant
4800 W. 92nd Avenue
Westminster, CO 80031
(303) 658-2102
On or after May 30, 2023, the City of
Westminster will submit a request to the U.S,
Department of Housing and Urban Development
(HUD) for the release of Community
Development Block Grant (CDBG) funds under
Title 1 of the Housing and Community
Development Act of 1974 as amended, to
undertake the following project:
Tier 1 Broad Review Project/Program Title:
Emergency and Essential Home Repair (EEHR)
Program – Brother’s Redevelopment, Inc.
Purpose: Provide grant funds to
income-eligible City of Westminster resident
homeowners to make repairs and upgrades that
are deemed essential to preserving the health,
safety, and welfare of the occupants.
Location: Throughout the city of Westminster,
Colorado.
Project/Program Description: Assist low- and
moderate- income residents make repairs
deemed essential to preserving the health,
safety, and welfare of the home’s occupants.
Homeowners who earn less than 80 percent of
the area median income are eligible for the
grant funding. Repairs may include, but are not
limited to: plumbing, carpentry, electrical,
furnace repair or replacement, hot water heater
repair or replacement, accessibility
modifications.
Tier 2 site specific reviews will be completed for
those laws and authorities not addressed in the
Tier 1 broad review for each address under this
program when addresses become known.
Level of Environmental Review Citation: The
activity proposed is Categorically Excluded
Subject to Section 58.5 Pursuant to 24 CFR
Part 58.35(a)(3)(i).
Tier 2 Site Specific Review: The site-specific
reviews will cover the following laws and
authorities not addressed in the Tier 1 broad
review: Airport Hazards, 24 CFR Part 51
Subpart D, Floodplain Management, EO 11988
and 24 CFR Part 55, Flood Insurance, National
Insurance Reform Act of 1994, 42 USC
4001-4128 and 42 USC 5154a, Contamination
and Toxic Substances 24 CFR Part 50.3(i) &
58.5(i)(2) Historic Preservation 36 CFR Part
800 and Noise Abatement and Control, 24 CFR
Part 51 Subpart B.
Mitigation Measures/Conditions/Permits (if
any): The above-mentioned study areas for
each Tier 2 site specific review will be
completed when an address and scope of work
are known, and mitigation
measures/conditions/permits will be developed
and/or obtained as appropriate.
Estimated Project Cost: CDBG is used to fund
the Emergency and Essential Home Repair
Program. Annual project funding assigned to
Brother’s Redevelopment, Inc. will not exceed
Ninety thousand dollars ($90,000) for Program
years 2021 through 2025.
The activities proposed are categorically
excluded under HUD regulations at 24 CFR
Part 58 from National Environment Policy ACT
(NEPA) requirements per 24 CFR Part
58.35(a)(2), 58.35(a)(3)(i), and 58.35(a)(4). An
Environmental Review Record (ERR) that
documents the environmental determination for
this project is on file at the Economic
Development Department, City of Westminster,
located at 4800 W. 92nd Ave., Westminster,
Colorado, and may be examined or copied
weekdays 8 A.M. to 5 P.M., with an
appointment. It is also available electronically
at:
https://www.hudexchange.info/programs/environ
mental-review/environmental-review-records/.
PUBLIC COMMENTS
Any individual, group, or agency may submit
written comments on the ERR to the CDBG
Staff at the City of Westminster via email at
CDBG@cityofwestminster.us. All comments
received by May 29, 2023, will be considered by
the City of Westminster prior to authorizing
submission of a request for release of funds.
ENVIRONMENTAL CERTIFICATION
The City of Westminster certifies to HUD that
Mark A. Freitag in his capacity as City Manager
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 the responsibilities under
NEPA and related laws and authorities and
allows the City of Westminster to use Program
funds.
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of fund
and the City of Westminster’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 the
City of Westminster; (b) the RE 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 via e-mail in
accordance with the required procedures (24
CFR Part 58, Sec. 58.76) and shall be
addressed to Noemi Ghirghi, CPD Region VIII
Director, at
CPD_COVID-19OEE-DEN@hud.gov. Potential
objectors should contact
CPD_COVID-19OEE-DEN@hud.gov to verify
the actual last day of the objection period.
Mark A. Freitag, City Manager,
City of Westminster
Legal Notice No. NTS2584
First Publication: May 18, 2023
Last Publication: May 18, 2023
Publisher: Westminster Window